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Why choose collaborative law?

On Behalf of | Sep 15, 2022 | Family Law |

In a time of uncertainty, you should know you have options. If you are contemplating divorce or mediation or are in the beginning stages of the divorce process, California collaborative law may interest you.

What is collaborative law?

Collaborative law provides an alternative way of resolving a divorce, avoiding the bitter conflict inherent in the adversarial system of divorce and family law.

As with any other divorce, both parties to a collaborative divorce are represented by their own attorneys as they seek to resolve issues like the custody of children and the division of property. However, instead of arguing things out in a courtroom or negotiation room, the parties to a collaborative divorce use techniques and tools that are intended to help them toward a mutually agreeable settlement.

Oftentimes, this means working with a mediator who will facilitate negotiations. The process can also involve a multi-disciplinary team consisting of mental health experts and child specialists. It is important to state that attorneys who agree to collaborate cannot later  litigate the case, so they have an incentive to make the collaborative process work.

What are the advantages?

Collaborative law presents several advantages. These include greater control for both sides in the outcome and settlements of the divorce, skipping common courtroom proceedings and taking a more wholistic wellbeing approach, rather than a winner-take all, scorched earth approach. And, those are just a few of the advantages.

Often, in a traditional litigated divorce, judges bind both sides to custody and property decisions that may not be agreeable for either party. By choosing collaborative law, you take this power away from a random family law judge and give it to the two people that know your family the best, you and your soon-to-be ex-spouse.

What if I do not see this working for us?

Alternatives to traditional divorce are not for everyone, and while collaboration is one option, attorneys are willing to collaborate, mediate or litigate on your behalf. Your family has unique circumstances, and an attorney you trust can help discuss your options with you. Because like in a relationship, one size does not fit all and so your solution too should be unique to you.