While litigation is often necessary in domestic relations matters, it is not always so. While parties to traditional family law cases do strive for settlement, their actions are always taken with an eye cast toward trial. The emotional damage caused by the process of divorce or fighting over child custody is not, and really cannot be, addressed by the court system. The collaborative divorce process provides an alternative way for parties to resolve their domestic differences and address their emotional needs.
In the collaborative divorce process, both parties and their attorneys agree to adhere to specific protocols in a non-adversarial, non-positional, non-court process. While many attorneys consider themselves to be cooperative, collaborative law is a very specific process which requires training and a different set of tools than litigation.It has gained in popularity in large part because the process is aimed at helping parties reach beneficial resolutions of their disputes,can be less expensive than litigation, and reduces the need for modifications.
In a collaborative case the parties, rather than their attorneys or the court, are responsible for the outcome. Not only does the collaborative process empower people to determine how their divorce will take form, it also encourages them to achieve closure and improve their communication and co-parenting skills in a way that a traditional divorce does not.
Daniel Margolin and C. Sean Stephens are both trained in the Collaborative Process model. Daniel Margolin has presented at multiple continuing legal education seminars on the subject, and was recently the sole presenter at a national teleconference on Collaborative Divorce. We will make sure that you understand every practice model available to you and that we help you pick the best practice model available to meet your goals.