Dignity, Privacy and Control
Collaborative Law replaces the courtroom with a conference room.
These days, the public record is very public . To avoid unwanted publicity and scrutiny, divorcing couples are increasingly turning to a well-respected alternative that enables participants to resolve their family law dispute without the use of a judge, jury or even a courtroom. It's called Collaborative Law. This discreet approach to divorce and family dispute resolution allows each party and their collaboratively-trained attorneys to meet privately, work through all details and achieve a confidential resolution quickly, cost-effectively and in a dignified manner.
Q: What is Collaborative Law?
Collaborative Law is the 21st century's cutting-edge method of resolving disputes without the use of a judge, jury, or even a courtroom. It is a confidential process in which both participants retain separate, collaboratively-trained lawyers whose primary job is to help the participants craft a settlement that meets each party's individual goals and needs in the divorce without creating an adversarial atmosphere. The dispute is carefully handled from the outset, making it much more like a business negotiation than a scene from "War of the Roses." All of the participants contractually agree to work together, to be respectful, to be honest, and to participate in good faith to try to reach an agreement.
Q: Is Collaborative Law really a "court free" process?
Yes, because the participants and their attorneys sign a written contract, called a "Participation Agreement," which serves both as a rule book governing the conduct of the participants and also as a commitment to keep the case out of the courtroom. Signing of the Participation Agreement also legally strips the court of the authority to make substantive decisions in the case while the participants work within the collaborative model ( Tex. Fam. Code §6.603). The judicial system only becomes involved if the case fails to settle or when, at the successful conclusion of the case, one of the participants will make a short, non-adversarial appearance with his or her attorney to have the judge sign the final order.
Q: How does a Collaborative Law divorce work?
The signing of the Participation Agreement (and the contractually agreed-upon boundaries that are put in place as part of it) serves to promote a safe environment that is characterized by confidentiality, mutual respect, and control over the outcome. Through a series of scheduled meetings with pre-planned agendas, the participants work their way through the gauntlet of substantive issues that must be addressed and resolved as part of any divorce. During this process, a full range of jointly engaged neutral professionals, including communication coaches, financial consultants, estate planning professionals and others can be called upon as needed to provide information and options for specific situations. The participants themselves, with the advice of their respective attorneys, determine whether and when to involve such neutrals. Once a final agreement is negotiated, the lawyers for each side jointly draft the agreement and file it with the appropriate court for approval.
Q: Are the results legally binding?
Yes. Once an agreement is achieved the lawyers for each participant jointly draft a court order based upon the agreement and submit it to the appropriate court for approval. The court's only involvement is to receive the agreement of the participants and make a legal pronouncement based upon the agreement. Once signed, the agreement becomes an order of the court just like any other court order.
Q: What if I want to use Collaborative Law but my spouse does not?
Both participants must agree to "opt-in" to the Collaborative Law process. Initially, one spouse is typically more knowledgeable about Collaborative Law than the other. Because there is so much reliable information online, your spouse can easily and independently verify the advantages of the process. For your convenience, we have listed links to several additional reputable Collaborative Law information sources on our resources page.
Q: Is Collaborative Law the same thing as Mediation?
No. Collaborative Law is a fundamentally unique way to resolve legal disputes. Whereas mediation provides participants who are trapped in contested litigation with a one-time opportunity to resolve the suit before proceeding to trial, a collaborative case functions completely outside the traditional litigation model. It is a stand-alone, structured process that empowers the participants to keep control over the outcome while minimizing both the emotional and financial costs.
Q: Is it possible that the Collaborative Law divorce could fail?
Yes. This is an elective process, meaning that both participants must want to proceed collaboratively. If either participant later decides to "opt-out" of the Collaborative Law process, then the process ends, and the participants wind up back in litigation. Opting out rarely occurs because there are strong incentives designed to encourage everyone to stay the course, even if there are challenges along the way. One of the strongest incentives requires all attorneys and any neutral professionals withdraw and refrain from representing either participant later in litigation if either participant opts-out before the conclusion of the case. Why? This requirement ensures that not only the participants but also the attorneys themselves stay focused on success instead of the possibility of failure.
Q: Does Collaborative Law really work?
Absolutely. The vast majority of people facing divorce who choose the Collaborative Law process find the process superior to the alternative and the results are better tailored to their particular needs. Why? The reasons are simple: Participants retain greater control over the outcome; the impact to their children is minimized; the process is confidential, and takes place outside of the specter of the courthouse. Couples faced with divorce are choosing Collaborative Law in increasing numbers nationwide and the results are very positive. Perhaps the best evidence for the success of the model, however, is the fact that there is rarely a need to file a subsequent enforcement or modification action regarding the divorce decree, since parties are usually more apt to follow agreements instead of outwardly imposed rules.
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Family law attorney Marissa Balius is trained and experienced in the collaborative law approach. Our firm believes strongly in the value of resolving family law disputes this way, and in using this approach wherever appropriate.
Practice and Contact Information
Our firm uses the collaborative law process to resolve family law issues that include divorce, child custody, property division, modifications and more for clients in Collin County, Denton County and throughout North Texas.
To learn more about this method of resolving disputes or to schedule an initial consultation with an attorney - simply call or contact us online.
