Collaborative Family Law is a way of handling all aspects of family law issues, including divorces. It is a method whereby the attorneys for both parties to a family law dispute agree to assist in resolving conflict using cooperation and problem-solving strategies rather than adversarial approaches and litigation. Negotiations between the two parties and their attorneys are interest-based rather than positional. In other words, each party's interests are considered when crafting a resolution rather than only one party's position and not varying from that position.

 

Collaborative Family Law differs from traditional litigation in that each spouse and his or her lawyer sign a Collaborative Agreement up front, which outlines their behavior throughout the entire process. In this document, the parties agree not to litigate and agree to negotiate in good faith. No court proceedings are permitted during the pendency of the collaborative law process. If the negotiations break down and one party decides to go to court, both attorneys must withdraw and the clients must hire new attorneys. By agreeing to this condition, the collaborative lawyer shares the risk of failure that attorneys in litigation or mediation do not.

 

The collaborative lawyer becomes responsible, therefore, for managing the unreasonable client and limiting unreasonable positions in order to come to a successful outcome. The attorneys agree to withdraw if the client fails to honor the Collaborative Agreement. Also, most experts are retained jointly as neutrals within the collaborative process. This prevents both parties from having a 'hired gun' who will automatically side with the party who is paying him. Negotiations are handled on an informal level, with each party attending a series of structured '4-Way' meetings in which both spouses and the two attorneys sit down at a table and discuss the resolution of the divorce.

 

One major difference between collaborative family law and other approaches is that the clients themselves craft the terms of their divorce and the final outcome rather than having an outside third party deciding the outcome for them. This process only works when both parties agree to use it.

 

The Law offices of Dina DeGiorgio offers support in divorce, child support, alimony, annulments, legal separations, child custody, visitation and all other areas pertaining to family law.

 

The Law offices of Dina DeGiorgio, serving families in Long Island and all throughout Nassau, Suffolk and Queens Counties, New York.