It’s not the law where people collaborate. That would be too easy. Rather, collaborative law is a process used in lieu of traditional family law litigation, wherein the parties agree to each hire a specially trained attorney and use a series of meetings to negotiate a settlement. Collaborative law can be used to negotiate a divorce, whether simple or complex, a custody matter, including a parenting plan, or a support matter (spousal, alimony, or child). The process of negotiations occurs via the use of four-way meetings (two parties, two attorneys), and can include a mental health or financial professional. Since each party has hired their own collaboratively retained attorney, they are each counseled regarding their respective legal rights.
Certain hallmarks of collaborative law exist; most notably, the parties agree to be transparent and fully disclose information that may be relevant to the issue(s) being decided, agree to negotiate in good faith, and agree to not threaten court-intervention as a negotiation tactic. This model will not work if significant mental health issues plague one or both parties, or if domestic violence between the parties has occurred.
Collaborative law is not limited to only those couples or parents who are able to communicate with one another. As a matter of fact, I have had several cases where the parties had difficulty, at one time or another, acknowledging and speaking with each other at the conference room table. After all, this is real life and divorce and/or custody situations are highly emotional. Collaborative law is a way to resolve disputes respectfully for those who wish to maintain control over their divorce or custody dispute, as opposed to turning the matter over to the court for a stranger (i.e., the judge or master) to decide what works best for the family or parties.
Think of traditional litigation and the court system as a fixed grid. Once the parties enter the grid, their needs and goals must be aligned with the fixed framework already established. Families and emotions are highly complex. Rarely are any two situations alike. Thus, families or parties in the traditional litigation system often feel like they are being required to mold their situation into a fixed framework. Collaborative law allows the parties to think outside the fixed framework, determine the needs and interests of their family, create and prioritize goals, and then determine a resolution that meets those goals. The resolution may be untraditional, but it might work best for that family. Someone outside of the family unit will not decide when the parties can each see the children, or who, for instance, will retain the motorcycle, when only one party has a motorcycle license. The parties maintain control over the entire settlement. The ultimate goal is to negotiate a joint resolution to the matter and have the terms of that resolution reduced to writing in a settlement agreement.
Collaborative law is also interdisciplinary. Where children are involved, a mental health professional, often referred to as a “coach,” may be retained jointly by the parties to assist in formulating a parenting plan or to assist the parties in learning how to communicate (i.e., co-parent) over two households. Where children are not involved, a coach may be jointly retained by the parties to assist the parties in effectively communicating with one another to reach an amicable resolution. In addition to attorneys and a coach, a financial professional can be jointly retained by the parties to assist in formulating a budget for two households, educate one spouse who has traditionally not been responsible for paying the bills, and advise the parties regarding tax implications.
For more information regarding collaborative law or an initial consultation regarding your family law matters click here, or contact Karen Miller at Cipriani & Werner, PC in Harrisburg, Pennsylvania, at 717-975-9600 or kmiller@c-wlaw.com.