Unlike mediation where the mediator facilitates as a neutral party, in collaborative divorce, each of the parties is represented by a separate attorney without a third-party facilitator or decision maker. Unlike traditional litigation in court, the parties specifically choose their attorneys because of their commitment to represent their clients in reaching a settlement in a problem-solving framework, without resorting to any form of litigation or court intervention.
The principle behind a collaborative divorce is the shared belief that it is in the best interests of parties to commit themselves to resolving their differences with minimal conflict and no litigation. It seeks to adopt a client-driven conflict resolution process rather than a Court imposed resolution. The process relies on an atmosphere of honesty, cooperation, integrity and professionalism focused on the future wellbeing of the family. Attorneys practicing collaborative law have had extensive additional training to focused on settlement and collaborative principles.
What happens in a Collaborative Divorce?
- The collaborative attorneys and their clients sign an agreement stating that if anyone decides to stop the process and pursue litigation, their attorneys must leave the case and the clients must hire other lawyers.
- There is full financial and other relevant disclosure between the parties.
- The parties commit to resolving the divorce in a conference room rather than a court room.
- The parties together hire Financial and Mental Health Professionals who remain neutral, giving their best professional help for the entire family, rather than representing one side against the other.
Learn More About Collaborative Divorce By Contacting the Law & Mediation Office of Lewis S. Calderon
To schedule a consultation with Lewis S. Calderon, call 718-673-2617 or fill out our online contact form. We can discuss the process of collaborative law and help you decide if it is right for you and your spouse.
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