What is "Collaborative Law"?

A collaborative approach to your family law case removes the adversarial element inherent in many divorce proceedings. This approach is often seen as best if children are involved, but it can reduce the high financial and emotional burden of a contested divorce or separation, regardless of whether children are involved.

In the collaborative process, individuals work with their own collaboratively trained lawyer to assemble a team who works together to educate, coach, communicate, and develop workable settlements by finding and building on areas of mutual agreement. At a minimum, the team consists of two collaboratively trained attorneys and a mental health professional who acts as a neutral facilitator. Other professionals, like a financial specialist and guardian ad litem may also be engaged in the process. The collaborative process allows for an honest exchange of information, while maintaining some privacy and dignity that is often lost during protracted, contested legal proceedings. It succeeds when solutions are reached that identify and address a family's highest priorities.

Myths:

• Collaborative cases are only for high net worth families.

  NO - the total cost involved in a collaborative case is often comparable or even less than a high conflict litigated case.

• Collaborative cases are only for agreeable partners.

  NO - seasoned collaborative professionals can often deal with "high conflict" litigants.

• Collaborative cases are a waste of time if you do not resolve all issues.

  NO - even if you have to go to court about one or more issues after trying the collaborative process, much as been accomplished during the collaborative process, like the exchange of information ("discovery") and reasonable expectation-setting.

In Florida, collaborative family law cases are governed by statute (F.S. 61.55-61.58, "Collaborative Law Process Act"). Only certified, collaboratively-trained attorneys can offer collaborative resolution of your family law case.

Click here for more information about the collaborative process and a list of collaboratively trained professionals in northeast Florida.