A typical family law case be traumatizing and stressful. Either way it is a case that you will remember for a long time. But it doesn’t have to be traumatizing instead it could be a journey with guiding a practitioner to help you grow, learn more about yourself, and come to effective solutions.
Often times, when a family law case progresses through the court system, key issues such as who has the children while the case is pending or who gets to live in the family home get resolved by a third-party (judge or commissioner). This third-party doesn’t know the parties’ life situation to extent that each party knows it and understands what would be best. In addition, the court system is not designed to allow time to spent tailoring solutions to yours and the other party’s needs. Finally, the court system is a public system and in a litigious process allows for many personal details about the family to be exposed to the public sphere.
A formal collaborative case would usually follow a process of two trained collaborative professionals, a neutral/divorce coach, and a financial neutral, there may also be two divorce coaches. In this process, the parties sign a participation agreement where if no agreement is reached in the process the professionals may not represent the parties in litigation. This agreement helps the meeting space to be a safe space for parties to share freely.
There are also a variety of other non-formal collaborative processes to help resolve your case outside the court system. This could include mediations, meetings with both attorneys and clients, or other types of collaborative meetings with a goal of resolving the legal issue. In these meetings both parties, can be creative in drafting agreements such as to not speak to each other certain ways or to keep distance while they both live in the family house while the case pending or a variety of other creative agreements and solutions. The solutions are tailored to each party’s root need or interest.
The collaborative process also ends up being more affordable because thousands of dollars are not being spent on the attorney’s time for hearings or in the worst case a trial. In addition, parties can use creative payment structures such as pay as you go or flat fees in the collaborative process that might not typically be used in a traditional litigation case.
While some cases are not fit for collaborative practice, many cases are and can be fit for the process.
Although it is a sad occasion, when a couple realizes their relationship is coming to an end, and it is time to make arrangements for life and the children going forward, it can be an occasion for parties to work together to make these arrangements. Then, the parties can move with their lives, knowing that they have the ability and capability to work together on any remaining issues for the years to come.
Contact us to see if we might be able to come to use the collaborative process for your case.