Information & Frequently Asked Questions

What is Collaborative Law?	Member Attorneys	Other Members	Member Section
News & Information	Related Links	Become a Member!	Email Webmaster

Collaborative Law is a relatively new concept. Many attorneys are not even familiar with it. Although the following answers to your Frequently Asked Questions may focus on Divorce, the collaborative process works in all areas of Family Law.

Collaborative Family Law is a process designed to SAVE THE PARTIES MONEY, AVOID EMOTIONAL PAIN and to AVOID ACRIMONIOUS LITIGATION! This process presents obvious benefits to children subjected to divorce as well. Both parties and their individual attorneys commit themselves to resolving all issues of the dispute by negotiated agreement. They promise not to resort to going to court for ANY reason except to introduce their Agreement into evidence and obtain a Final Judgment of Dissolution of Marriage. Supplemental Judgment, Judgment of Paternity, etc. which approves and adopts that agreement.

Collaborative Family Law uses informal discovery methods. Instead of asking a judge to compel the parties to disclose their finances, they agree to voluntarily produce all financial documents. Instead of taking depositions, they engage in four-way conferences and negotiation. Instead of hiring individual accountants and psychologists, they agree on one accountant or psychologist where needed. Each of the professionals involved are freed from the bonds of advocating his or her client's best case. They work together to reach the best possible result for both parties and their children.

The attorneys you have seen have good intentions. They truly do want to resolve your case and save you attorney's fees and costs. The problem is they have no control over your spouse or his or her attorney. Your spouse and his or her attorney may say, "If you don't settle on my terms, we'll just go to trial." In Collaborative Family Law, the parties AND their attorneys enter in to a Participation Agreement, which provides that they will facilitate a fair and reasonable settlement without resorting to litigation. If any party to this agreement breaches the contract, there are heavy consequences. Both attorneys must withdraw. They cannot take the case to trial and earn larger fees. The parties must retain new attorneys, incurring additional fees and costs. Collaborative Family Law works because, very simply, it is in everyone's best interests to resolve the issues and enter into an Agreement.

Basically, you give up the right to waste your assets and income and the right to unconsciously harm your children as they watch their parents fight with each other. View a sample Participation Agreement to get an idea of what the spouses' and their attorneys' rights and responsibilities will be.

When attorneys know they might end up in trial, they may be cautious about voluntarily talking about certain facts, authoritative law, and strategy. Their job is to advocate their clients' perception of the facts. This is why trial is so emotionally and financially exhausting for the parties. Trial is a stage for the attorneys, not the people who are going through the most traumatic event of their lives. When you take away an attorney's ability to go to trial, he or she can only "win" by resolving the problem fairly and reasonably out of court.

You've heard the saying, "Be careful what you wish for?" For example, your attorney convinces the judge that your spouse should be able to earn significantly more income than he can. Then the judge, who thinks he is awarding you 40% of his income for alimony and child support, actually awards you 80% of his income. So what? You and the children need it. Right? But he can afford no more than an efficiency apartment and cannot keep up with his car payments. Your ex-spouse loses his job and has no acceptable residence for the children. The children feel that their father doesn't love them. The support arrearages mount up and you spend thousands of dollars in fees trying to collect. You've also become an angry, bitter victim. You only truly "win" if you explore creative solutions to the problems facing you, your spouse and your children.

You are correct. Both parties and their attorneys must be truly committed to achieving a fair settlement. Collaborative Family Law is not for everyone. Some spouses and former spouses are so angry that they will incur thousands of dollars litigating over ownership of a 13-year-old freezer. Recent Florida Supreme Court and appellate cases have addressed that problem, however, by authorizing the trial judge to award one party fees and costs based on the other party's unnecessary and excessive litigation. But, the cost benefit will likely be substantial when a case is resolved amicably through the cooperative process. The emotional and mental benefits, for the parties and their children (if there are children) can be enormous and impossible to value.

Absolutely, although it is best if your spouse dismisses the action because both parties would be less tempted to run into court if problems arise, the action can also be abated while you and your spouse work collaboratively toward a settlement.

If you haven't hired an attorney, we can suggest consulting our attorney members who have all committed to engaging in the collaborative process. If you have already retained counsel, we suggest discussing this option with your attorney very soon, since the collaborative process works best before litigation has begun. If your attorney is not familiar with this process (remember, that it is a fairly new approach) suggest that your attorney review our website or have the attorney contact us for more information.

We hope that this information has been helpful to you.
Please be reminded that we offer this information only as a public service.
The information is not intended to substitute for competent legal advice.
Readers are advised to consult an attorney to get advice which is based on his or her circumstances. 3/8/06