December 26, 2007

Why Should I Choose the Collaborative Process Instead of Traditional Litigation?

Lower Cost
The collaborative process is generally less costly and time-consuming than litigation.

Client Involvement
The client is a vital part of the settlement team and have a greater sense of involvement in the decision making which affects their lives.

Supportive Approach
Each client is supported by their lawyer and coach in a manner that still allows the attorneys to work collaboratively with one another in resolving issues.

Less Stress
The process is much less fear and anxiety producing than utilizing Court proceedings or the threat of such proceedings. Everyone can focus on settlement without the imminent threat of "going to Court".

Win-Win Climate
The Collaborative process creates a positive climate that produces a more satisfactory outcome for both parties. The possibility actually exists for participants to create a climate that facilitates "win-win" settlements.

Speed
The speed of the collaborative process is governed by the parties rather than court calendars.

Creativity
The collaborative process encourages creative solutions in resolving issues.

Clients in Charge
The non-adversarial nature of the collaborative process shifts decision making into the hands of the clients where it belongs, rather than into the hands of a third party (the court).

SOURCE: Collaborative Law Institute of Georgia

SOURCE FOR POST: Georgia Family Law Blog

Collaborative Divorce - Frequently Asked Questions

Iacpedubrochurelogosm_2 There has been a paradigm shift among some divorce and family law attorneys and related professionals (therapists and financial experts) to a form of practuce which is more respectful of the parties, and which promotes a cooperative relationship between the parties in their future dealings with each other, especially in cases involving children. I am a member of the Collaborative Law Institute of Georgia and the International Academy of Collaborative Professionals. I will post additional material in future paosts, but the following are some frequently asked questions and answers about the collaborative method of family law practice from the Georgia organization's website:

Q: What is the Collaborative Law Institute of Georgia?

A: In order to successfully negotiate the treacherous and painful path of divorce, collaborative advisors are needed- advisors who have expertise in specific areas of the divorce process, and who will guide families along the path so that at the end of the journey everyone remains whole. We are an alliance of divorce professionals from various disciplines who have expertise in specific areas of the divorce process. We recognize that the divorce process as it currently exists is divisive, adversarial, costly, and emotionally destructive to all family members. Our cooperative divorce approach can eliminate litigation, minimize divisiveness, reduce the adversarial component, decrease cost, and soften the emotional impact to families.

A: Collaborative family law focuses on all involved parties reaching a mutually agreed upon settlement of their disputes. The process results in valuable benefits. It creates a cooperative environment where communication remains open, which provides a setting where you can work with your spouse to meet your children's needs -- regardless of their ages. That helps set a tone for open communication and reduced conflict in the future.

It establishes a team instead of adversaries. Your lawyer supports you; your spouse's lawyer supports your spouse. But you all work together and, in doing so, retain control of the process.

In matters requiring expert opinions, both parties can jointly hire one independent consultant. That helps shorten the duration of the case and reduce the overall expense.

You and your spouse shape the agreements together -- which means you both are more likely to keep them. That diminishes the parental conflict the adversarial system generates and helps protect children from facing the anguish and divided loyalties that result.

You can schedule meetings without waiting for court dates. That means you generally spend less time and, as a result, less money to reach closure. It also means you reduce the fear and anxiety associated with court proceedings.

Your issues stay within the collaborative law setting. That gives you more privacy and greater confidentiality -- and less stress during an already stressful time.

Collaborative family law focuses on all involved parties reaching a mutually agreed upon settlement of their disputes. The process results in valuable benefits.

It creates a cooperative environment where communication remains open, which provides a setting where you can work with your spouse to meet your children's needs -- regardless of their ages. That helps set a tone for open communication and reduced conflict in the future.

It establishes a team instead of adversaries. Your lawyer supports you; your spouse's lawyer supports your spouse. But you all work together and, in doing so, retain control of the process.

In matters requiring expert opinions, both parties can jointly hire one independent consultant. That helps shorten the duration of the case and reduce the overall expense.

You and your spouse shape the agreements together -- which means you both are more likely to keep them. That diminishes the parental conflict the adversarial system generates and helps protect children from facing the anguish and divided loyalties that result.

You can schedule meetings without waiting for court dates. That means you generally spend less time and, as a result, less money to reach closure. It also means you reduce the fear and anxiety associated with court proceedings.

Your issues stay within the collaborative law setting. That gives you more privacy and greater confidentiality -- and less stress during an already stressful time.

Q: What Are the Benefits of Collaborative Family Law?

Continue reading "Collaborative Divorce - Frequently Asked Questions" »

What is Collaborative Family Law?

Collaborative family law is a powerful and effective way for people who are divorcing to reach fair solutions and resolve differences, using highly trained and skilled professionals, while avoiding the cost and uncertainties of litigation. Collaborative family law is about achieving a fair and equitable settlement and assessing and accomplishing the thoughtful restructuring of the family.

The collaborative family law process is progressive because it allows couples to obtain the positive advantages of legal, financial, psychological and personal assistance in sorting out the complexities of their divorce, while at the same time focusing on issue resolution and family growth while completely avoiding the harmful disadvantages of the adversarial litigation process.

Only collaborative family law addresses the whole picture that is involved in divorce. It recognizes that divorce is more than a legal procedure or event. It is also a time of intense distress and proves to be challenging for the parties and particularly for the children. Many financial issues are involved and often they are complex. Because it does address the whole picture, the collaborative law process helps parties achieve a more complete, enriching and long term resolution.

In this process, parents and children tend to suffer fewer traumas, heal faster and have better relationships with each other after the divorce. Additionally, children are protected from the most devastating aspects of a family break-up.

People can use the collaborative family law process to resolve their entire matter, including child custody and visitation issues, property division and support. Post-divorce issues, such as adjustment of time with children or adjustment of support, can also be solved with collaborative law.

How Does It Work?

In a collaborative divorce, you will create a "container" that can be filled with experts who will work with you in an exchanging and meaningful dialogue directed toward the identification of and resolution of issues. The various individuals who work within the "container" can and will vary based upon the needs of the individual divorcing couple. You can have your own attorney who will provide you with full legal protection and advocacy. You will also have support and coaching from a psychological expert. There can also be a neutral financial professional to provide analysis and advice. All financial information is exchanged voluntarily and completely. The divorcing parties are still bound by their fiduciary duties of good faith and full and complete disclosure of assets and debts among other things. Your attorney helps you to assess the information and provides guidance and options.

A series of multi-party meetings is scheduled to systematically identify and examine the issues, explore options and work toward an agreement that satisfies both parties. An agenda is set for each meeting in advance, so that everyone is clear on what issues will be discussed during any given meeting. Attorneys can meet with their clients to prepare for each meeting.

A problem-solving approach is always used. Collaborative attorneys are trained in interest-based negotiation, and they help the parties to work productively to find agreements that meet the real interests of both. This type of negotiation allows both sides to win ("win-win" negotiation as opposed to the "win-lose" litigation model).

The collaborative family law process is voluntary, and both parties must agree to participate and to continue working together until resolution is achieved. This means that each participant has a stake in being fair and cooperative, because uncooperative behavior will cause the process to terminate and force the parties back to the litigation model.

If the process does terminate, the parties continue to have all of their rights and remedies under the law. The collaborative attorneys will withdraw and the parties can proceed to hire counsel to take the case to court and have their matters be decided by a judge.

Continue reading "What is Collaborative Family Law?" »

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    This blog is written and published by Stephen M. Worrall for educational purposes only, i.e. to give information and a general understanding of Georgia family law, not to provide specific legal advice. The information provided by this blog should not be used as a substitute for legal advice from a licensed attorney in your state. Steve Worrall is licensed to practice law in the state of Georgia only.

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  • We do take and have handled cases in counties throughout the State of Georgia, but these are the ones in which we handle the majority of our cases.
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