Collaborative Law - Phoenix Divorce Attorneys

Collaborative Law (sometimes referred to as Collaborative Practice) is a fairly new process for handling family law disputes. This approach is ideal for divorcing couples who want to end their marriage respectfully and in a civilized manner. Collaborative Law is especially helpful when children are involved and shared custody is a necessity as it helps to create a better environment for the future relationship of the divorcing parties. 

Other benefits include: quicker resolution, less expensive than a traditional court case, control over the decision-making process (as opposed to a judge) and far greater privacy because no court records are open to the public.

Practicing Collaborative Law requires specialized training and Gillespie, Shields & Durrant has experienced attorneys specifically qualified to assist you in utilizing this effective process.

The Differences Between Collaborative Law and Mediation

While the end goal of Collaborative Law may sound similar to the goal of mediation, Collaborative Law actually results in more balanced, equal results.

In mediation, there is one neutral party who assists on finding solutions both parties can agree on. Often, lawyers are not present at these meetings and legal advice may come too late. If one of the parties is manipulative or unreasonably stubborn, emotionally distraught, or even simply unaware of proper negotiating techniques, the resulting solution is often imbalanced. Occasionally, these unsolved problems  lead to continued conflict and future court dates.

Collaborative Law, on the other hand, was created to avoid these potential problems. Rather than a mediator, both parties have lawyers present who are specially trained to help them settle the dispute. These lawyer-advocates help keep the odds fair despite one  party being less educated or too emotionally involved. It is in the best interest of the lawyers to guarantee each side leaves in agreement, otherwise they are out of a job. In Collaborative Law, it is agreed that no one may initiate court action, and if a threat is even made, the Collaborative Law process ends and both lawyers are ineligible to continue having any further involvement with the case.

The Differences Between Collaborative Law and Settlement

The main difference lies in the understanding that in Collaborative Law there is absolutely no possibility of going to court. This is especially helpful in family disputes as there is an understanding from the very beginning that both parties are going to work out an agreement and resolve all issues amicably.

Besides the obvious emotional benefits, this also saves the family legal fees and court costs. In addition, when the threat of going to court is in the air, lawyers are inclined to form the case by how the judge in the case is likely to rule. The process of Collaborative Law encourages greater equanimity, a quicker resolution, a less stressful process and a more comprehensive, creative agreement than traditional settlements.

Collaborative Law Model Used Outside of Family Law

Recently, the effectiveness of Collaborative Law has resulted in the use of the same model being adapted for use in areas of practice other than Family Law including business, employment, and personal injury cases.

For more information and a consultation regarding your opportunity to engage in the Collaborative Law process, simply call or email the Gillespie, Shields & Durrant office in Phoenix or Mesa and we will be happy to discuss your options in detail.