Collaborative law is a process that enables parties involved in family law disputes to attempt to resolve their differences in a non-adversarial manner.  

The parties and their lawyers enter into a Participation Agreement in which the participants agree not to litigate.  They agree that they will work together to achieve a settlement which is agreeable to both parties.  Cooperation, sharing information, and creative problem-solving are at the core of this process.  

The participants voluntarily disclose all relevant information and cooperate in order to problem solve together to resolve all issues.  If an expert is necessary to assist in this process, the participants together choose such a neutral expert whose job it is to render an unbiased opinion or give suggestions based on the factual circumstances.  Settlement is negotiated through four way conferences, informal discussions, mediations, and other non-litigation alternatives.

Collaborative family lawyers focus their efforts on settling their cases rather than in preparation for trial.  This method could result in significantly less stress to the parties and their loved ones, as well as reduced costs.  

Should the process prove unsuccessful and the parties not reach an agreement, or either party thwarts the process, or either party simply elects to proceed in the more traditional litigation model, the lawyer must withdraw representation and the parties must obtain new counsel to litigate.

The collaborative process is a relatively new alternative, having been initiated in 1990 by Stu Webb, a family attorney practicing in Minneapolis, Minnesota.  His frustration with the adversarial system and his awareness of the destructive effects of the adversarial system on his clients led him to decide that he simply would no longer go to court and would only represent clients trying to settle cases without going through the adversarial mode.  If he could not do so, he would withdraw and refer his client to attorneys who were practicing in the more conventional litigation method.   His new practice proved very successful and has been adapted and adopted by other attorneys throughout the U.S. and Canada.  It is estimated that there are now 100 groups in the United States and more in Canada, which are utilizing this new alternative dispute model.

For more information on collaborative law, check the Internet for general information, using the term "collaborative law" or "collaborative family law," or go to www.collaborativefamilylawfl.com, for information about the local association and its member lawyers in Broward and South Palm Beach County.  Iris is the current president of this association.

Should you wish to utilize this method of seeking divorce, Iris will be glad to discuss it further with you.