Click the Collaborative Divorce Frequently Asked Questions below to learn more:
1. What are these new terms: Collaborative Law, Collaborative Practice, the Collaborative process, and Collaborative Divorce?
-The voluntary and free exchange of information.
-The pledge not to litigate (go to court) and withdrawal of both attorneys and other team professionals if either party litigates.
-A commitment to respect for both parties’ shared goals.
Collaborative Law describes the legal component of Collaborative Practice, made up of you and your attorneys. Collaborative Divorce usually includes other professionals, in addition to your attorneys, such as coaches, child specialists and financial specialists. Collaborative Practice can also apply to disputes involving employment law, probate law, construction law, real property law, and other civil law where continuing relationships exist after the conflict has been resolved.
Collaborative Practice allows you both to have lawyers present during the negotiation process to keep settlement as the top priority. The lawyers, who have training similar to mediators, work with their clients and one another to assure a balanced process that’s positive and productive. When there is agreement, a document is drafted by the lawyers, and reviewed and edited by you both until everyone is satisfied.
Both Collaborative Practice and mediation rely on voluntary, free exchange of information and commitment to resolutions respecting everyone’s shared goals. If mediation doesn’t result in a settlement, you may choose to use your counsel in litigation, if this is what you and your lawyer have agreed. In Collaborative Practice, the lawyers and parties sign an agreement aligning everyone’s interests in resolution. It specifically states that the Collaborative attorneys and other professional team members are disqualified from participating in litigation if the Collaborative process ends without reaching an agreement. Your choice of mediation or Collaborative Practice should be made with professional advice.
To learn about the Collaborative Divorce Institute of Tampa Bay please visit our About page.