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COLLABORATIVE
LAW is a process in which a divorcing couple
agrees to make all of the decisions concerning their
divorce themselves, with the assistance and counsel of their
attorneys and, when necessary, with the help of neutral,
allied professionals.
Most people
choose this process to
avoid the emotional, volatile and risky process of
litigation, when those decisions are taken away from the
individuals and made by the Court. Others
choose
this process to facilitate the creation of a different
kind of relationship with their ex-spouse into the future, for
their own
benefit and for the benefit of their children.
Often people choose this process to ensure their privacy is
protected and to avoid their family's "dirty laundry" being
displayed or exploited in the public process of litigation.
Collaborative Law
differs from mediation in several ways. In mediation,
all negotiation tactics are used when necessary.
These include adversarial, positional bargaining or using prior court
decisions to predict how their case would end if taken to
court. As a result, compromises
beyond an individual’s comfort level are sometimes made for
the goal of achieving a full and final settlement in
mediation. In
collaborative law, all negotiations are
interest-based and conducted by the couple themselves,
with the assistance of their attorneys and other team
members as needed. In collaborative law, the couple remains the captain of their
ship. In mediation, the mediator often plays the role of the
captain. In collaborative law,
we help couples reach their stated interests and goals to
create a better life for themselves and their children. |
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