Similar to mediation, Collaborative law offers a private, out-of-court path for resolving disputes, particularly common in family matters like divorce, custody, and support. Unlike traditional litigation, it's a voluntary process where parties are supported by a team of trained professionals to include collaborative law attorneys who work together to reach mutually agreeable solutions.
In this team team approach, both parties involved in a dispute, are represented by collaboratively law trained attorneys who guide clients toward a resolution rather than litigating the matter in court.
A Collaborative Coach who is a mental professional serves as a neutral and manages the collaborative process. Additionally, other professionals and experts may be jointly hired by the parties as needed. These may include a financial neutral.
This approach emphasizes cooperation and problem-solving, allowing the parties to develop shared solutions that take into account the priorities of everyone involved.
In Massachusetts, collaborative law is a recognized alternative dispute resolution method, guided by principles outlined by the Massachusetts Collaborative Law Council that in part, emphasize cooperation and tailored outcomes. Collaborative law offers a dignified and effective way to resolve disputes, promoting healthier results through transparency and creative problem-solving.
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What is the Collaborative Law Process?
Key Features of Collaborative Law:
No Court: All participants commit to resolving the dispute without litigation. If either party chooses to go to court, the collaborative process ends, and new attorneys must be retained. This means your collaborative law attorney will not represent you in litigating your case.
Team Approach: Each party is represented by a trained collaborative attorney. The team might also include financial professionals, mental health coaches, and child specialists, all working to facilitate communication and find lasting solutions.
Full Transparency: Parties honestly and openly share all relevant information, fostering trust and efficiency.
Client-Centered: The focus is on the parties' underlying needs and interests, allowing for customized solutions not limited by court rules.
Confidentiality: The entire process remains private, keeping sensitive information out of public records.
Why choose collaborative law?
Can be done in private from anywhere via Zoom or similar platform. Parties never have to be in the same room with each other during the process.
The process is also private and flows around your schedules. With litigation, complaints, counter claims, affidavits, motions, etc., are all publicly accessible records. In the Collaborative process, all discussions and disclosures are private.
The process is yours: In a conventional disputes, attorneys often negotiate with one another without the parties present. In the Collaborative process , the parties speak for themselves with the support and preparation of the attorneys.
Preserves Dignity: The process promotes respect and effective communication, crucial for co-parenting or maintaining amicable ties.
Greater Control: Parties design their own agreements, ensuring solutions fit their unique needs.
Less Adversarial: Reduces conflict by avoiding courtroom battles and focusing on problem-solving.
Potentially Cost-Effective: Can be more efficient and less expensive than prolonged litigation.
Emotional Support: Mental health professionals can help manage conflict and stress.