Answers to some of the most commonly asked Collaborative Law questions include:
- Q: What is Collaborative Law?
- Q: How is Collaborative Law different from traditional lawsuits?
- Q: What are the advantages of Collaborative Law over traditional litigation?
- Q: Can I hire any lawyer to handle my case collaboratively?
- Q: How much does Collaborative Law cost?
- Q: Does a Collaborative case resolve more quickly than a traditional lawsuit?
- Q: Is Collaborative Law for everyone?
- Q: How do I get started?
Q: What is Collaborative Law?
Collaborative Law is the 21st century's cutting-edge alternative method of resolving disputes without the use of a judge, jury, or even a courtroom. It is a process in which both parties retain separate lawyers whose primary job is to help the parties settle their disputes. The dispute is handled more like a business negotiation than a "War of the Roses." All of the participants contractually agree to work together, to be respectful, honest and to participate in good faith to try to reach an agreement.
Q: How is Collaborative Law different from traditional lawsuits?
Collaborative Law is a fundamentally unique way to resolve legal disputes. Traditional lawsuits focus on placing blame for a dispute. The entire process is geared toward "beating" the other side. The problem is that although both parties may survive the gristmill of litigation, by the time the process is over both sides have lost because of the extraordinary financial and emotional costs expended. By contrast, collaborative cases focus on identifying and implementing solutions to a dispute through a specific, structured process that empowers the parties to retain control over the outcome while minimizing both the emotional and financial costs.
Q: What are the advantages of Collaborative Law over traditional litigation?
Solution focused; Predictable results; No coercion; Safe atmosphere (civil, dignified, and respectful); Options maximized (if the process fails, you can still litigate); Confidential process; and Efficient (100% of time and money is spent on settlement efforts).
Did you know that approximately 95% of all family law cases wind up resolving without ever having a contested final trial? The traditional litigation approach forces the parties to spend a portion of their time and financial resources on preparing for a contested trial that rarely actually takes place. The collaborative model eliminates that waste by focusing 100% of the parties' attention, time, and financial resources on settlement efforts.
Q: Can I hire any lawyer to handle my case collaboratively?
Not all attorneys have sought and obtained any special training in Collaborative Law. For the process to succeed, it is essential that all professionals involved in your case have both training and a personal belief in the advantages of the process. At Albin | Harrison | Roach, the firm's Managing Partner,
Curtis W. Harrison, is board certified in Family Law by the
Texas Board of Legal Specialization, and is also experienced in the art of Collaborative Law. Partner,
Marissa Balius, whose primary practice area is family law, is trained and experienced in the area of Collaborative Law. Mr. Harrison and Ms. Balius are members of the Collin County Collaborative Law Alliance and advocate strongly for the superiority of Collaborative Law over traditional litigation in appropriate cases. Associate attorneys
Sharon Corsentino and
Jennifer Richardson are also trained to handle Collaborative Law cases.
Q: How much does Collaborative Law cost?
Although your case is unique, the initial retainer for a Collaborative Law case will be no greater than that of a litigation case. During your initial no-obligation consultation with the attorney, you will be advised in detail about the anticipated costs and expenses. It has been our experience, however, that throughout the course of the case our clients typically enjoy a substantial emotional savings from avoiding the damaging effects of litigation. It is also common to receive a financial savings because of the efficiency of the collaborative process, and because you will avoid many of the money pits that are inherent to litigation: depositions, voluminous document production, written interrogatories, discovery disputes, and contested court hearings.
Q: Does a Collaborative case resolve more quickly than a traditional lawsuit?
Usually, yes. A contested lawsuit can easily last nine months or longer in Collin and Denton counties. In Dallas and Tarrant, delays can stretch a case out over 12 months or longer. On average, collaborative cases resolve within six months of the first full team meeting.
Q: Is Collaborative Law for everyone?
Although Collaborative Law is an advanced, dynamic, and cutting-edge alternative method of dispute resolution, it is not for everyone. Collaborative Law is generally not well suited to deal with cases involving fraud, breach of fiduciary duty, undue influence, domestic violence, or child abuse. The process requires a commitment on the part of both parties to work together honestly and with integrity. It also requires a desire from the couple to work with their lawyers to resolve the issues, instead of relying on an outside third party, such as a judge or jury, to make decisions for them.
Q: How do I get started?
A: Simply call our office at 214.705.2840 or
Contact Us by e-mail to arrange a free phone consultation at your convenience.
