Collaborative law is a unique method of family law. It differs from traditional litigation in that it assumes an amicable relationship between the parties to the dispute. The parties are often interested in resolving their family law case through traditional channels and entering into a collaborative law process where they can work together. Although traditional litigation tends to be adversarial, collaborative law tends to approach the litigation that is more conciliatory. Collaborative law also refers to the collaborative law process, divorce, or other family law cases.
This type of practice tends to have more positive outcomes for all parties involved in the process.
Generally, this form of law is employed when one party or both parties are experiencing an amicable dispute resolution. In collaborative practice, the parties may work together to settle their disputes in a relatively short period. In divorce cases, the collaborative practice might mean an attorney and client meeting in the courtroom. In the collaborative divorce practice, the client’s attorney represents him or her and provides the necessary expertise and legal services to his or her client. This attorney would have the ability to review and make recommendations to the court as to what should be done about the dispute resolution.
Because collaborative law tends to be amicable, it might seem that there would be little to no differences between the parties, and therefore there would be little chance of litigation. Yet, in the collaborative process, there is the potential for differences to arise. For instance, if there is an ethnic or cultural difference between the United States and Canada, then these differences will need to be taken into consideration by the collaborative process attorneys.
Therefore, the role of the collaborative law divorce attorney is not to apply an individualized remedy to all of the differences that might arise. Instead, the collaborative law divorce attorney is looking for a solution that will best serve the interests of all parties. This includes finding a solution that will make the least amount of financial difficulties for all parties involved. The collaborative law divorce process might also best work in the long term because it is more likely to create a more stable marital relationship in the future.
The collaborative practice tends to favor agreement when it comes to resolving family issues rather than litigation. Family issues can range from child custody battles to divorces involving both spouses. When a collaborative law practice is pursued, it is important for the partners involved in the collaborative practice to get a divorce agreement together before the case goes to trial. A trial will be a costly ordeal for the family and would probably be detrimental to any successful outcome that may result.
