|
Independent Attorney Representation Both Parties Pre-Agree To An Out-Of-Court Settlement
COLLABORATIVE REPRESENTATION
Collaborative representation is a newer concept in divorce rapidly gaining popularity across the country. Now you and your spouse can choose to stay out of court and your own attorneys can help you do that.
Each spouse has independent representation by his or her own attorney. However, both spouses and their attorneys agree that they will not go to court to fight out their disagreements. Instead, all parties agree to work together toward the sole goal of reaching an efficient, fair, comprehensive settlement of all issues.
Divorce SolutionsSM offers collaborative representation and will work with another firm or attorney who offers the same type of representation. There are many South Bay attorneys who are committed to Collaborative Law and the number is growing in California.
If either party decides to go to court, both parties' attorneys must withdraw representation and the parties are free to retain trial attorneys to pursue their matter in court. The result is that the parties will have had the best representation for each phase of their proceeding.
return to top
- This process is generally less costly and time-consuming than litigation.
- The process allows both spouses to attempt settlement without the threat of being "taken to court."
- Both parties can act in good faith.
- The parties' personal lives are kept out of the public eye.
- Each spouse is a vital part of the settlement team.
- The participants can create a climate that facilitates "win-win" settlements.
- The process can move along at both parties' pace instead of waiting for court hearings to resolve disputes.
- If experts need to provide input, both parties can agree to the same expert and share the cost.
- By controlling the proceedings, parties can be more creative than the court in settling their divorce.
- Each spouse controls the proceedings rather than allowing the court to decide.
return to top
The emphasis in the approach is to find a way in which the attorneys can work with the spouses that will achieve a satisfactory settlement in an efficient, cooperative manner. This might include "four-way" settlement conferences where the parties meet with their collaborative attorneys to work on settlement. There is no need for nasty lawyer letters to go back and forth. A simple follow-up letter may be all that is needed.
Basically, your collaborative attorneys are committed to finding creative ways to achieve settlement that will work best in your case. Their philosophy is that as much effort should be put forward toward settlement as is traditionally spent in preparation for and conducting a trial.
return to top
Collaborative DivorceSM is collaborative law, but in addition, other team members are added to work with the parties. By combining three essential areas - law, finance and psychotherapy, it provides an integrated program that helps families and children both during and after the divorce. The team members include a mental health professional for each party that acts as that party's individual coach, a financial counselor to assist each of the parties with financial aspects of the divorce and a child specialist who meets with the child or children to assess the child's needs. Spouses may choose either a Collaborative Law or Collaborative Divorce process. return to top
|