What is collaborative law?

Collaborative law is an alternative dispute resolution process. In the collaborative law process parties to a divorce, and their attorneys, commit to an honest, open, cooperative resolution of all issues without going to court. In fact, the defining feature of collaborative law is that both parties and both attorneys agree in writing that they will not go to court except to enter the final decree of dissolution. Instead, they will provide open, informal, expedited discovery of all relevant facts and documents; they will participate in meetings and commit to bona fide negotiations. If either party or their attorney decides that the case should go to court, the attorneys are both required to withdraw from the case and any disclosures to that point cannot be used in the court case without permission from both parties. Collaborative law works best when both parties are on a relatively equal footing.

Categories: