Collaborative Law - Representation Without Litigation

What is collaborative family law?

• The shared belief by participants that it is in the best interest of the parties and their families in family law and divorce matters to commit themselves to avoiding litigation.
• Negotiations, in an atmosphere of honesty, cooperation, integrity and professionalism, rather than relying on a court-imposed resolution.
• Elimination of the negative economic, social and emotional consequences to the parties and their families of protracted litigation.

How does the process work?

• The parties and attorneys commit to:

Settle their case without court intervention;

Give full, prompt and accurate disclosure of all information pertinent to their case;

Engage in informal discussions and conferences to settle all issues, including jointly retaining experts, if needed.

• If either party chooses to go to court, both attorneys withdraw and the parties each retain new counsel. Litigation is not an option for the collaborative attorneys.

How is it different from mediation?

• With Collaborative Law, parties meet with their respective attorneys individually as well as in four-way meetings to exchange information and explore agreement. With mediation, the parties usually confer with attorneys outside the mediation sessions.
• Collaborative Law is an alternative to mediation. Some people prefer it because they have an attorney with them when they are meeting with the other party.

How much does it cost?

• It probably costs about the same as mediation and is much less expensive than litigation. A litigated divorce can cost each of the parties tens of thousands of dollars.

Do both parties have to retain Collaborative Law attorneys?

• Yes, each party must retain an attorney who is a member of the Collaborative Law Council, Inc. in the Boston area.
• For a list of collaborative law attorneys, go to www.collaborativelawcouncil.org.

What if my spouse won't agree to the Collaborative Law process?

• A collaborative lawyer will represent you in your divorce and will make every effort to achieve a satisfactory result out of court. If your spouse brings the matter to court, your collaborative law attorney will refer you to a competent and experienced litigation attorney.