what is a collaborative attorney

A collaborative attorney is a legal attorney who has been trained to help couples seek a collaborative method to dissolve their marriage. Through the collaborative process the lawyer encourages the couple to avoid adversarial techniques or tactics and to complete the divorce with a spirit of cooperation.

Full Answer

What does a collaborative lawyer do?

Arnold, Wadsworth & Coggins provides these services. A collaborative divorce attorney is both parties’ source for legal questions and advice. In a collaborative divorce, one divorce attorney represents both parties – and neither party – at the same time. This is possible because the attorney’s interest is to help facilitate the divorce, but the decision making power still ultimately …

What is a collaborative attorney?

Jan 04, 2014 · Rather than blame one side for any of the conflicts, the parties work together to agree on a solution that is mutually beneficial. Also, collaborative lawyers are specifically trained in collaborative law. If the parties cannot come to a mutual agreement and decide to pursue traditional litigation, the clients must hire new lawyers to handle it.

Is collaborative law the process for You?

by Maury Beaulier. Collaborative law is a new way to resolve disputes by removing the disputed matter from the litigious court room setting and treating the process as a way to "trouble shoot and problem solve" rather than to fight and win. As part of the collaborative law method, both parties retain separate attorneys whose job it is to help them settle the dispute.

Do lawyers use technology to collaborate?

collaborative law, also known as collaborative practice, divorce or family law, is a legal process enabling couples who have decided to separate or end their marriage to work with their collaborative professionals including collaboratively trained lawyers, coaches and financial professionals in order to avoid the uncertain outcome of court and to …

What is a collaborative practitioner?

Collaborative Practice is a voluntary process in which participants resolve issues without resorting to litigation and it offers significant benefits in appropriate cases.

What does a collaborative process mean?

The Collaborative Process is an out-of-court conflict resolution process in which the participants focus their efforts on reaching a mutually acceptable resolution.

How could collaborative divorce provide some solutions?

Promotes effective communication between you and your spouse both during and after your divorce; Allows you to retain decision-making control over your family and your divorce. You and your spouse, not a judge, will decide your fate; Focuses on meeting everyone's needs rather than creating a “winner” and a “loser;”

What is the difference between mediation and divorce?

Mediation provides couples with much more control of the process than they'd have in a litigated divorce, particularly when it comes to pace and scheduling. Although some mediators allow spouses to have lawyers with them in a mediation session, many spouses choose to represent themselves.

What are the 4 types of collaboration?

As the exhibit “The Four Ways to Collaborate” shows, there are four basic modes of collaboration: a closed and hierarchical network (an elite circle), an open and hierarchical network (an innovation mall), an open and flat network (an innovation community), and a closed and flat network (a consortium).

What are the four steps to collaboration?

4 Steps to Collaboration Maturity. January 24, 2018. ... Step 1: Communication. Communication is the most basic form of collaboration, but it's critical in each step of mature collaboration. ... Step 2: Sharing. ... Step 4: Tracking.Jan 24, 2018

What are the advantages of collaborative divorce?

Collaborative Divorce allows spouses to control pace and timing, improves communication between spouses, keeps control of the outcome with the spouses, and promotes respect and healthier long-term communications.

What is arbitration in a divorce?

In arbitration, you and your spouse agree that you'll hire a private judge, called an arbitrator, to make the same decisions that a judge could make, and that you will honor the arbitrator's decisions as if a judge had made them.

What is collaborative divorce Florida?

One option for couples in Florida who wish to stay out of a court is to have a collaborative divorce. In a collaborative divorce, both spouses and their respective lawyers agree to avoid litigation and come to a settlement agreement without court intervention.

What are disadvantages of mediation?

If the dispute cannot be resolved in mediation the cost of mediation will have been wasted; During the mediation process either party can withdraw from proceeding at any time; There is the possibility that information may be given away to the other party during the mediation process that could benefit the other party.

What are the 5 steps of mediation?

There are essentially 5 steps to a successful mediation. They are comprised of the introduction; statement of the problem; information gathering; identification of the problems; bargaining; and finally, settlement.

Are lawyers confrontational?

Many people are surprised to learn that the empirical research conducted by social scientists consistently demonstrates that lawyers, as a group, are far less confrontational than members of society generally.

What is collaborative law?

Collaborative law is a new way to resolve disputes by removing the disputed matter from the litigious court room setting and treating the process as a way to "trouble shoot and problem solve" rather than to fight and win.

What are the two things that each party agrees to do in a divorce?

Respect. Each party agrees to act respectfully and avoid disparaging or vilifying any of the participants. Insulating Children. As part of the process all participants agree to insulate the children from the proceeding and to act ins such a way as to minimize the impact of the divorce on them. Sharing Experts.

Why is child specialist important?

A child specialist may play a very important role in the collaborative process. So often, children become the unintended victims in divorce proceedings. They internalize the conflict and often blame themselves for the break up of their family. The child specialist works with children of divorcing parents.

Why do financial professionals need to be used?

Financial professionals may be used to help define values of assets. In the litigious court process often redundant appraisals are performed by one expert for each party. The end result is a duplication of services at greater cost and with increased distrust.

What is the primary goal of the process?

The primary goal of the process is to work toward an amicable solution and to create a "win-win" situation for all. No Court. Neither party may seek or threaten court action to resolve disputes. If the parties decide to go to court, the attorneys must withdraw and the process begins anew in the court system.

How many divorce cases are resolved without trial?

The Statistics state that more than 90% of all divorce cases are resolved without a trial. In the Court system that resolution often comes more than a year after the divorce was commenced and after many hurtful statements have been made part of the public record in the form of affidavits and motions.

Who is Maury Beaulier?

Maury Beaulier is the founder of the Beaulier Law Office and Action Mediation. A family law practitioner for more than ten years and a mediator, Maury has been recognized by the International Who's Who of Professionals (1996), Minnesota Law & Politics Magazine (February, 1999) and more recently featured in Lawyers Weekly USA (March, 2000) and on the CBS New Program "Eye on America" with Dan Rather as an expert in the area of mediation and collaborative law.

What is collaborative law?

Collaborative law, also known as collaborative practice, divorce or family law, is a legal process enabling couples who have decided to separate or end their marriage to work with their collaborative professionals including collaboratively trained lawyers, coaches and financial professionals in order to avoid the uncertain outcome ...

Where is collaborative law practice?

The Collaborative Law movement has spread rapidly to most of the United States, Europe, Canada and Australia. , More than 22,000 lawyers have been trained in Collaborative Law worldwide and more than 1,250 lawyers have completed their training in England and Wales where Collaborative Law was launched in 2003.

What is the acronym for the American Bar Association?

The American Bar Association ("ABA"), the American Academy of Matrimonial Lawyers, and the International Academy of Matrimonial Lawyers ("IAML") all have Collaborative Law committees. IACP is an interdisciplinary organisation whose members include lawyers, mental health professionals, finance and financial divorce specialists.

What is the Uniform Collaborative Law Act?

As of June 2013, the Uniform Collaborative Law Act was enacted into law in the states of Utah, Nevada, Texas, Hawaii, Ohio, the District of Columbia, and Washington State, and passed by the Alabama Legislature but awaiting the Governor's signature, and was pending enactment in several additional U.S. states. In Texas, Houston-based family lawyer Harry Tindall has been instrumental in securing passage of the UCLA by the Texas Legislature. On 24 March 2016, Florida Governor Rick Scott signed the Collaborative Law Process Act, Florida's version of the Uniform Collaborative Law Act, which creates a statutory privilege that makes confidential communications had during the collaborative process.

What is the primary global collaborative organisation?

Organizations. The primary global collaborative organisation is the International Academy of Collaborative Professionals (IACP), which was founded in the late 1990s by a group of northern California lawyers, psychotherapists, and financial planners.

How many states have collaborative law?

Per the International Academy of Collaborative Professionals ("IACP"), more than 22,000 lawyers have been trained in Collaborative Law worldwide, with collaborative practitioners in at least 46 states.

Why is collaborative law important?

Collaborative law processes also have the added benefit of being cost efficient for the involved parties. As the necessary tasks in the collaborative model are assigned to specialist professionals without duplication of effort, cost savings are realized.

What is a collaborative divorce?

What is a collaborative divorce? A collaborative divorce is a legal process allowing couples who have ended their marriage to reach a fair resolution with the assistance of a professional collaborative lawyer.

Is collaborative divorce the right decision for you?

Whether a collaborative divorce is the right decision for you depends on the reason for separating and your partner’s views about divorce. Also, a collaborative divorce largely depends on the couple’s willingness to negotiate and work together to achieve the same goal.

Benefits of a collaborative divorce

There are many advantages of choosing a collaborative divorce law over a traditional divorce. If you aren’t sure of your decision, check below for the benefits associated with a collaborative divorce.

Process of a collaborative law divorce

For a collaborative divorce process to work, the concerned individuals must set their differences aside and cooperate. Each person should be able to compromise to make it effective. If there is anything short of this, it is a waste of everyone’s time.

Collaborative divorce cost

The cost of a collaborative divorce varies from one law firm to another. The fee also depends on the agreement level of the parties and the divorce complexities. The number of professionals hired in the settlement also increases the expenses—nevertheless, an average collaborative divorce costs between $7,000 to $50,000.

What do you need to know about collaborative divorce?

Cathy Meyer is a certified divorce coach, marriage educator, freelance writer, and founding editor of DivorcedMoms.com. As a divorce mediator, she provides clients with strategies and resources that enable them to power through a time of adversity.

What is the legal part of divorce?

Once an agreement is reached on all issues, the legal part of the divorce is a simple, uncontested procedure that doesn’t require a trial or litigious hearings on points of evidence and pretrial maneuvers such as interrogatories and disclosure.

How to cut down on divorce costs?

Collaboration can cut down on the conflict and expense of divorce five ways. You and your spouse can: 1. Stabilize your situation through a temporary agreement. 2. Exchange all necessary information voluntarily. 3. Agree on legal procedures that cut down expense and simplify the process. 4.

Who is Cathy Meyer?

Cathy Meyer is a certified divorce coach, marriage educator, freelance writer, and founding editor of DivorcedMoms.com. As a divorce mediator, she provides clients with strategies and resources that enable them to power through a time of adversity.

Can a collaborative divorce attorney represent you?

Most collaborative divorce attorneys will not represent you if you end up in divorce court. You will have to find a more adversarial attorney. If you are able to come to an agreement you will eventually have contact with a family court judge so he/she can sign the agreement.