The Collaborative Law Process is relatively new option for divorcing couples and has many benefits over traditional divorce litigation.
Each spouse hires their own attorney trained in the Collaborative Process. There are over forty (40) trained attorneys in our area. The goal is to reach a settlement before anyone files papers in divorce court. The process differs significantly from traditional divorce litigation in that the couples agree to negotiate together with their attorneys in a series of meetings. The meetings often involve other professionals including accountants, financial advisors and child custody professionals. Because attorneys hired to conduct the Collaborative Process have unbundled their services and are only hired to help their clients reach mutually acceptable agreements, if one spouse chooses to withdraw from the Collaborative Process (seeking a court trial) then both Collaborative attorneys will withdraw from the case. This provides motivation for all parties involved to come to agreement without the headaches of going to court and creates a safe place to explore options during the meetings with the Collaborative lawyers.
Listed below are some of the benefits of engaging in the Collaborative Process:
You have much more control over the outcome as compared with traditional divorce. You and your spouse, not just the attorneys, are involved with the discussions and in the process, enabling you to better voice your opinions and wishes. This gives you the ability to come to an agreement that better meets your needs and the needs of your children.
The process is friendlier and makes it easier for you to move on with your new life. The decisions about your future are kept out of the hands of a judge and your final settlement is based on cooperation, compromise and sense of fair-play.
The collaborative process is less stressful because you are involved in the process. Your attorney’s role is no longer just chief negotiator. His or her role is to work with you and guide you through the process of negotiation while at your side.
You are able to complete the termination of your marriage in less time compared to litigation and you have much more flexibility scheduling meetings. The Collaborative Process is more efficient than dealing with court proceedings and schedules.
The focus of the Collaborative Process is on addressing your concerns for the future rather than focusing on the history of disagreement. This increases your chance for having a settlement that better meets your needs going forward. And additionally, enables you to have a more cooperative relationship with your former spouse as you move into your new life.
Collaborative Law is generally less expensive than litigation. Attorney fees and court costs can add up quickly when you choose to battle it out in court.
In summary, Collaborative Practice is a process in which you will work through differences with your spouse, and find solutions that meet both of your most important needs and which you each deem to be fair. It is a process that is family and future friendly.
If you have questions about your situation please contact Cincinnati Divorce Attorney John Heilbrun today at 513-321-3940.