Attorney’s Role in the Collaborative Process
Collaborative Attorneys have made a commitment to the unique practice of the Collaborative model and are there to assist you in the divorce process.
Attorneys in the Collaborative Process are specially trained to advocate collaboratively, which includes representing the individual client, while maintaining the goals of the Collaborative Process. The Collaborative Attorney educates and counsels the client about legal issues and guides the client in gathering and understanding information. Additionally, the Collaborative Attorney helps the client articulate his or her interests, goals, and concerns.
Solutions to the issues presented are reached in meetings with the clients and their professional team. Attorneys help clients brainstorm all possible options on each issue, evaluate and prioritize those options, and reach agreements that meet their needs and interests.
Settlements achieved through the process are legal and binding, and the Collaboratively trained Attorneys prepare the requisite documents and settlement agreements.
Family Attorneys find the out of court Collaborative Process ideally suited to divorce cases. Individuals facing divorce are each represented by their own attorney. Together they clarify each client's needs and interests, toward developing and negotiating a win-win settlement. Clients have the support to minimize conflict and work with their Collaborative team to work towards creative solutions. This saves time, money and reduces stress. If they have children, they have the support to improve the communication skills needed as they raise their children from separate households.
Civil Attorneys practicing collaboratively can help clients reduce the costs of settling disputes. By choosing a private, no court process, the clients maintain confidentiality and their privacy. Clients feel empowered by working actively with their attorneys to achieve a workable settlement rather than leaving decision-making in the hands of a judge or jury.
Probate/Estate Attorneys are finding the Collaborative Process well suited for resolving disputes, while preserving relationships of families and loved-ones. Trust and Will disputes can be painfully divisive to families. Since the parties involved frequently know each other and may well have on-going relationships, they can benefit tremendously by defusing a potential family feud. Trusts are designed to save family resources and conserve family property and assets. Litigation can undermine the intended purpose of the trust, or at least delay settling the estate. The Collaborative Process allows the family to be involved in settling their dispute with creative solutions addressing their specific needs.