Collaborative Law is a type of Alternative Dispute Resolution process which involves two people and their lawyers working together (or collaborating) to reach an agreement in good faith and with full disclosure and cooperation. The aim is to facilitate an agreement that both parties are comfortable with and that balances their competing goals, interests, hopes and concerns.
The key difference is that everyone (including the lawyers) sign a contract agreeing not to go to Court or use threats of Court. Everyone agrees to work together as a team to find a solution. Instead of the lawyers providing advice to their clients behind closed doors and taking a positional bargaining approach, both lawyers provide advice in front of each other as part of round table meetings. The lawyers adopt interest based negotiation techniques, which are very different from the traditional adversarial role lawyers use in Court or traditional negotiations.
If you are considering this process, you should be ready to approach the negotiations with your former partner with an open mind. Collaborative Law works best where both parties agree to work as a team to understand each other’s perspective, try and find and focus on common interests rather than focusing on each party’s own self-interest, explore the full range of available options by thinking outside the box, and ultimately, reaching solutions that are acceptable to both of you.
Collaborative Law suits parties who are able to communicate with each other respectfully and are able to listen to the other’s perspective and concerns. Ultimately, both parties approaching the negotiations with the perspective that the future is a more important focus than the past will generally lead to effective negotiations and most importantly, avoid Court.
By engaging in the Collaborative Law process, you are able to save a great deal of time and money, by avoiding the litigation process, and reaching an agreement that meets both of your needs.
Collaborative law is also a great way for parties who are relatively amicable to remain that way. This is particularly important when children are involved. The relationship between the parents may have broken down, but Collaborative Law helps preserve the co-parenting relationship going forward for the benefit of your children.
The parties and their lawyers work together as a settlement team to come to practical solutions rather than the parties working against each other on opposing sides as they do in litigation and, to an extent, in traditional negotiations. It also allows the parties to come to an agreement that is based on their mutual interests rather than simply following the letter of the law as a Court or mediator may do.
At the beginning of the Collaborative Law process, both parties and their lawyers sign a contract agreeing that the Court process is off the table so that the parties have the opportunity to work towards an acceptable settlement for both of them. As a result, the process is more productive than other forms of alternative dispute resolution given that the parties can proceed without the threat of litigation hanging over the discussions. The lawyers have an interest in helping the parties to come to an appropriate arrangement because they voluntarily agree that they will not participate in any litigation that may arise if the process fails.
The Collaborative process involves the two parties and their lawyers having a four-way meetings based on the goal of reaching agreement. The process generally proceeds as follows:
In some matters, in addition to legal advisors, the parties might agree to seek the assistance of an accountant or financial expert and/or involved a parenting expert for guidance in relation to the best options for the family.
Kasey began her family law career with FGD back in 2004 and was made a Director in 2013.
She is pragmatic, thorough, passionate about her work and very protective of her clients. When necessary, Kasey is a fierce litigator, but she also is an advocate for Collaborative Law and tries to reach negotiated outcomes whenever possible.
“For what we wanted Settle by Sunday was absolutely perfect. And achieved my desired outcome. I wanted to get our separation moving as fast as possible. I also wanted the process to be completely child-centric, which I found the it to be... Overall I found it to be a great process.”
“Five stars for Kasey Fox and the staff at FGD. They are caring and professional, they keep to deadlines, they provided a safe place to talk and they facilitated a great outcome for me. I highly recommend this firm and will recommend to my family and friends. Keep up the good work.”
“FGD were professional and attended to my particular needs in a timely manner. I have already recommend them to my sister. I was very impressed with their thorough understanding of my situation and in the end came through with the outcome I wanted.”
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