Tuesday, April 21, 2009

Collaborative Divorce

I mention collaborative law on a fairly often basis. Rochester Family Lawyer wrote what I think is a good outline with the Basics of Collaborative Family Law

"Collaborative divorce in New York uses informal methods of financial disclosure such as voluntary production of financial documents, four-way conferences, negotiation, and where needed, outside professionals, including family counselors, accountants and financial planners.

Collaborative law creates a cooperative atmosphere, unlike the adversarial atmosphere of the courtroom. Unlike mediation and arbitration, Collaborative Law provides the client with trained legal advocates, without the court costs. A New York divorce handled in court is likely to be much more expensive and time consuming than the costs and time involved in collaborative law.

Collaboration represents the middle ground between mediation and full adversarial litigation. In mediation, the parties meet with a neutral mediator who assists the parties to find a compromise. In mediation the parties advocate for themselves, the mediator cannot give any party advice or assist either of the parties in advocating their position."


Some General Principals and Guidelines of Collaborative Law:

Negotiation through cooperation rather than adversarial strategies
Practicing law through problem-solving negotiations in which the parties are proactive, seek to understand and to be understood
The parties are responsible for the action and the outcome
The parties develop common ground rather than focus on differences
The parties seek to understand the other person’s interests and concerns, which will lead to creative solutions to problems
The parties seek to resolve issues and concerns with each accepting and supporting the other person’s opinions

Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.

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