For many reasons, Collaborative Law is often a preferred alternative to having your case resolved by the court. This process resolves family law issues through settlement negotiations only, and without the threat of litigation. The parties and their respective attorneys voluntarily exchange information and are committed to a full, honest, and open disclosure of all relevant facts and information. Additionally, necessary experts, such as financial advisors, divorce coaches, and counselors are jointly retained to ensure neutrality and to save each party money.
The Collaborative Law process utilizes a unique method of progressing towards settlement: the four-way meeting. A Collaborative Law case customarily begins with a four-way meeting in which the participants (the parties and their respective attorneys) sign a Collaborative Law Agreement. It is common at this first four-way meeting for the parties and attorneys to identify those documents, financial or otherwise, that need to be exchanged. Once this Collaborative Law Agreement is signed, any court proceeding is immediately halted and, generally speaking, the parties are prohibited from using their respective attorney for any future court action(s). This prohibition on using the same attorney in court was used in the collaborative process encourages the parties to settle their case outside of the court process. This can not only have economic advantages, but also spares the family a tremendous amount of emotional distress that often accompanies a lawsuit.
Through the Collaborative Law process, parties frequently settle their case without ever setting foot in court. Additionally, the parties are able to be active participants in the resolution of their case. Avoiding litigation can have untold intangible benefits for years to come. Collaborative Law has added benefits in custody cases such as limiting the strain on the parents’ relationship and allowing parents to more effectively co-parent with less antagonism from the beginning.
At Conrad Trosch & Kemmy, we are committed to minimizing the emotional and financial impact of family legal disputes. Through the use of Collaborative Law, our attorneys work with you to come to an acceptable agreement that both you and your spouse are happy with. Doing this allows you to settle your dispute quickly and amicably, thereby limiting the emotional toll of the divorce and the impact that it has on your children.