The Collaborative Approach is known as “the clients’ process.” The clients choose this approach when they desire to work out their differences face to face with their lawyers by their side. The clients are empowered to work together to find the best family-focused resolution to their unique problems arising from their separation.With full financial disclosure up front, and a mutual sharing of urgent and long-term goals and desires, the clients pool their viable options. They discuss the risks, advantages, and consequences with counsel to find a durable resolution. Putting the pieces together with trusted guidance, strategy, and legal advice means the job is done properly and with a solid solution everyone will be satisfied with.
The collaborative approach is a dignified family-friendly approach to negotiating settlements designed to keep families out of the courtroom. Clients select this process because they want to resolve problems not only for themselves but with the needs of the children kept foremost. They want to express their concerns and wishes directly to their partner or spouse but with the support and legal advice of their lawyers, who remain beside them at all times. The focus is on the future, not a rehashing of past differences and disagreements.There may be differences of opinion expressed and difficult subjects discussed. Life happens. By taking the time at the beginning to agree to communication guidelines such as one speaker at a time—a simple but effective rule—everyone will be heard. Views and preferences of each client will be considered and balanced with the best interests of the children. Financial needs will be canvassed and understood with the economic consequences of each decision along the way.The meetings with clients and counsel take place in a safe environment, meaning that no threats or coercive tactics will be used to direct an unacceptable arrangement. Mistakes are disclosed and corrected.
The clients separately retain their own collaboratively trained family law lawyer. Privately, the client tells their story, explains what they wish to accomplish, and learns more about the process. The lawyer will develop strategies to present the client’s best case, deal with issues presenting a possible risk to her client, and develop settlement options.The collaborative approach has five steps:
Sometimes new information will be needed to respond to an inquiry; sometimes it will be time to caucus with the lawyer privately, or invite a mediator to step in for a complex matter to be resolved before other matters can be considered. Flexibility and creative options make the process reflect the client’s unique circumstances.
Cost is an important factor, and so is getting good value for each dollar spent. Bringing in neutral advisors to be engaged by both clients complements the lawyers’ combined experience and simply makes good economic sense.
Clients appreciate the long-term value in jointly retaining, when needed:
With a concerted effort by both spouses or by both partners to find the best future for the family, the results are most often positive for each client. A separation agreement incorporating all the terms reached in settlement is drafted by the lawyers in a cooperative fashion. Each client is independently given legal advice to as the nature and consequences of the agreed terms.
Success of a full settlement—including, sometimes, a reconciliation of the spouses—reaches a rate of about 97% of the clients using the collaborative approach. The partial settlement rate where almost all issues are resolved is about 2%. Failure to reach any settlement is about 1%.
Your kindness conveying a tough but necessary message was much appreciated. I will keep in touch as situations arise for which I need your expertise.
You clearly considered my unique needs and provided excellent legal advice. I applaud the strong sense of duty and respect you have for my welfare.
You’re a strong advocate. You listened to what I and my children needed. You achieved it for us in an efficient and cost effective manner.
“You provided an excellent and accurate digest of how we could collaborate to develop a custom family contract. The experience was tough at times and the result was worth it.”
Not going in with guns blazing makes good financial sense. We could focus on the sustainability of our family’s future relationships for our children’s benefit.
You not only understand the pressures I face, you were able to beautifully simplify my needs once we separate.
My business continues to thrive through our separation. Keeping the business thriving and my family properly supported after separation was brilliant!
Thank you for your incredible wisdom. It’s like you understand my world and the advice I need to not only survive, but also thrive.
You more than met my expectations resolving all matters collaboratively. You spoke to me with respect and without judgment. Most importantly, you believed in me.
In our confidential sessions, you helped me gain the perspective for where I have been and opened my eyes to possibilities which may lie ahead. Thank you.