The Nuts and Bolts of Collaborative Law

Many people in the greater Denver area have probably heard family therapists and many lawyers and others tout the benefits of collaborative law. Even this blog has posted several times about the benefits of this upcoming subspecialty of family law practice.

Collaborative law is a relatively new way to handle issues surrounding divorce and separation, such as property distribution, child custody, and the like. It is gaining traction against the more traditional model, in which, like other types of litigation, family law issues are worked out through court hearings and legal maneuvering.

Assuming negotiations happen at all, they are usually conducted with each side doing what they can to get the most of what they want as they can.

The object of collaborative law is for parents, or even spouses going through a split but without minor children, to negotiate their differences without resorting to the option of going to court as their fallback. The goal of the negotiations is to find a solution that works for everyone, so the best result is one both sides can walk away feeling they got an acceptable deal.

To start the collaborative law process, each side secures an attorney that is committed to the purposes behind collaborative law. The attorneys and their clients then negotiate together, enlisting the help of accountants, child professionals, and the like to help facilitate a resolution.

Either side is free to terminate negotiations at any time, but if either party does so, both sides have to find new attorneys to help them take their cases to court.

While it has many benefits, the collaborative law process is not right for every case. A person interested in this option should discuss it with his or her attorney.

Tags: Collaborative Law

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