FAQ
Q: What is Collaborative Law?
Collaborative Law is a process where both spouses and their attorneys are committed to resolving differences in a cooperative manner, without the threat of resorting to the court system. It is designed to provide the benefits of attorney assistance while avoiding the negative atmosphere of litigation. The goal is to maximize settlement options for the spouses and their children, and to minimize or eliminate the many negative consequences of litigation.
Q: What makes Collaborative Law different from other ways of handling dispute resolution ?
Collaborative Law is a fundamental change in how divorce cases are handled. In collaborative Law, both parties retain separate, specially trained attorneys whose only job is to help them settle the dispute. No one may go to court, or even threaten to do so. If that should occur, the collaborative law process terminates and both parties are disqualified from the case. In collaborative law, tactical bargaining and threats of litigation are replaced by creative problem solving.
Q: How does Collaborative Law work?
Collaborative Law relies on the commitment of the parties and their attorneys to employ honesty, cooperation and professionalism in working toward the future well being of the family. All disputed issues are settled through informal discussions and conferences attended by spouses and their attorneys. Each participant is required to take a reasoned and reasonable approach to all issues. When interests differ, all participants use their best efforts to create proposals that meet future needs of both parties, compromising the issue if necessary in order to reach a complete settlement.
Q: Isn’t Collaborative Law just like mediation?
In mediation, the participants negotiate for themselves with a neutral third party helping to guide the discussions. In collaborative law, the lawyers take the lead in the negotiations. The process involves lawyers and clients meeting together in “four-way” negotiations. It is the job of the lawyers to work with their clients to ensure the process stays positive and productive.
Q: Why is Collaborative Law so effective at settling cases?
Collaborative lawyers bring a different point of view to their professional obligations than traditional adversarial lawyers. Collaborative lawyers view the other attorney not as an adversary but as a partner in a problem solving process. Instead of resolving to grab the largest possible piece of the pie for their client, no matter the cost, collaborative lawyers are dedicated to helping their clients achieve the highest intentions for themselves in their post-divorce restructured families. Collaborative lawyers are not hired guns who take advantage of mistakes made by the other side. They do not threaten, insult or focus on the negative in any given situation. They endeavor to find the highest good-faith problem-solving approach in settling disputes. This is possible only by acting with the highest integrity and demanding the same from their clients and the other participants in the collaborative process. Collaborative lawyers can only succeed if they find solutions to their own client’s problems while creating constructive ways to address the other party’s concerns that are satisfactory to their client.
Q: Where can I find a Collaborative Law attorney?
See the list of current Santa Barbara Collaborative Law Group members at “list of members web page”.
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