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What are the goals of the Collaborative Process?


Maintaining Respectful Relationships

  • Maintain a good working relationship with spouse
  • Continue relationships with extended family
  • Provide financial security
  • Reduce the negative effect of divorce on children
  • Work together on developing  routines for your children will help them transition into a new family dynamic

Cooperation instead of Conflict

  • The very nature of litigation pits one party against the other as opponents
  • The collaborative law process begins with an agreement that protects the interests of both parties in several ways
    • Each party’s attorney will be present at every meeting
    • Each party will be provided with the information needed to make  decisions
    • Expert assistance will be available for financial, mental health or other issues where appropriate
    • Parties have final authority to make decisions regarding the resolutions of issues of custody, support and the distribution of assets/liabilities

Privacy

  • Information and outcomes remain private and are not exposed in any court proceeding or public record
  • In the litigation process,  private matters are made public
  • In the litigation process, Marital Settlement Agreements are sometimes made public
  • The collaborative process  takes place in private meetings of the parties and their counsel,  agreements remain confidential

Control

  • Parties and their counsel maintain control of the collaborative process
  • Parties do not cede control of their outcomes or schedules to the court system
  • All decisions in the collaborative law process are made by the parties
  • Support payments can be based upon the true needs of the individuals rather than  a statutory formula
  • The agreement regarding distribution of assets and liabilities is developed by the parties with full knowledge of the facts and applicable law