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908 S. Village Oaks Drive, Suite 200
Covina,
California
91724
Phone: 626-332-1304
Fax: 626-332-3362
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What is Collaborative Family Law?
Collaborative family law is a powerful and effective way for people who are divorcing to reach fair solutions and resolve differences, using highly trained and skilled professionals, while avoiding the cost and uncertainties of litigation. Collaborative family law is about achieving a fair and equitable settlement and assessing and accomplishing the thoughtful restructuring of the family.
The collaborative family law process is progressive because it allows couples to obtain the positive advantages of legal, financial, psychological and personal assistance in sorting out the complexities of their divorce, while at the same time focusing on issue resolution and family growth while completely avoiding the harmful disadvantages of the adversarial litigation process. Only collaborative family law addresses the whole picture that is involved in divorce. It recognizes that divorce is more than a legal procedure or event. It is also a time of intense distress and proves to be challenging for the parties and particularly for the children. Many financial issues are involved and often they are complex. Because it does address the whole picture, the collaborative law process helps parties achieve a more complete, enriching, and long-term resolution.
In this process, parents and children tend to suffer fewer traumas, heal faster, and have better relationships with each other after the divorce. Additionally, children are protected from the most devastating aspects of a family breakup.
The collaborative family law process can be used to resolve all issues, including child custody and visitation, property division, and support. Post-divorce issues, such as adjustment of time with children or adjustment of support, can also be solved with collaborative law.
How Does The Collaborative Process Work?
In a collaborative divorce, you will create a “container” that can be filled with experts who will work with you in exchanging a meaningful dialogue directed toward the identification of and resolution of issues. The various individuals who work within the “container” can and will vary, based upon the needs of the particular divorcing couple. You can have your own attorney who will provide you with full legal protection and advocacy. You will also have support and coaching from a psychological expert. There can also be a neutral financial professional to provide analysis and advice. All financial information is exchanged voluntarily and completely. The divorcing parties are still bound by their fiduciary duties of good faith and full and complete disclosure of assets and debts, among other things. Your attorney helps you to assess the information and provides guidance and options.
A series of multiparty meetings is scheduled to systematically identify and examine the issues, explore options, and work toward an agreement that satisfies both parties. An agenda is set for each meeting in advance, so that everyone is clear on what issues will be discussed during any given meeting. Attorneys can meet with their clients to prepare for each meeting.
A problem-solving approach is always used. Collaborative attorneys are trained in interest-based negotiation, and they help the parties to work productively to find agreements that meet the real interests of both. This type of negotiation allows both sides to win (“win-win” negotiation as opposed to the “win-lose” litigation model).
The collaborative family law process is voluntary, and both parties must agree to participate and to continue working together until resolution is achieved. This means that each participant has a stake in being fair and cooperative, because uncooperative behavior will cause the process to terminate and force the parties back to the litigation model.
If the process does terminate, the parties continue to have all of their rights and remedies under the law. The collaborative attorneys will withdraw and the parties can proceed to hire counsel to take the case to court and have their matters decided by a judge.
About Brian D. Levy
There really is no substitute for experience. I am a very experienced lawyer and, together with my office personnel, provide an outstanding level of legal services and Alternate Dispute Resolution (ADR) at competitive rates. We offer a variety of services featuring collaborative family law and mediation services. We are a team of experienced California family law professionals serving the Southern California area, including Los Angeles, San Bernardino, Riverside, and Orange Counties.
I was admitted to the State Bar of California in 1973 and continue to master my ADR techniques, including family law mediation and collaborative practice. I have been providing ADR services since 1978, and currently serve on the panel of the Los Angeles County Superior Court approved civil and family law arbitrators and mediators. I have been trained in collaborative practice by the International Academy of Collaborative Professionals (I.A.C.P.) as well as other collaborative groups, and am a member in good standing with the I.A.C.P., L.A.C.F.L.A. (Los Angeles Collaborative Family Law Association), C.D.S.O.C. (Collaborative Divorce Solutions Orange County), CPCAL (Collaborative Practice California) and C.C.D. (Coalition for Collaborative Divorce), where I have provided collaborative and mediation training services for other collaborative professionals and mediators.
Please email us or visit our website for additional information.
