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Below, find the following information:
What is Collaborative Law?
What is the Facilitator's role?
What is the Attorney's role?
What is the Financial Consultant's Role?
Watch a video of a real couple using collaborative law.
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What is Collaborative Law?
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Collaborative Law is a method of dispute resolution, regarding family issues, in which you and your partner work toward separating in such a way that takes into account the best needs of both, as well as your family. The primary purpose is allow you greater control over the process, the timetable, and the outcome. Many divorces and separation agreements that are settled in court are decided by the attorneys and/or a judge, resulting in rigid legal documents, and often bitter resignation - and/or ongoing conflict - regarding the final agreement. The collaborative process enables you to have a say in the outcome, allowing you and your partner to devise creative, cooperative agreements within legal boundaries. In cases where children are involved, this can often be the best way to keep them out of the middle of a very difficult and painful process, and can foster ongoing teamwork between both parents, even after your separation is complete. Many couples who have thought this outcome was not possible, due to high conflict and animosity, have created successful, flexible agreements that work for both parties.
The collaborative group is comprised of you, your partner, your respective attorneys, and a neutral facilitator, all sitting at the same table discussing issues and concerns, and, at times, a neutral financial person to help you negotiate financial issues that are unique to your situation, and/or a child specialist to help you address and resolve specific issues related to your children.
If you would like a more comprehensive description of the collaborative process, or to explore information about our Central New York Collaborative group, please click on the following link: http://www.cnycollaborativepractice.com/
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What is the Facilitator's role?
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Divorce and separation can be a painful and difficult process, with many details to negotiate. At times, you can feel betrayed, hurt, afraid, angry and/or other strong feelings, and these feelings can interfere with the process of open negotiation. Facilitators often have a background in counseling, family systems, and/or mediation. Without a facilitator, it can be difficult for attorneys to both advocate for you and/or your partner, as well as navigate and facilitate the emotional process and struggles. It is the facilitator's role to monitor and manage the process so that emotions are expressed appropriately, and addressed to a degree that allows you to experience safety and cooperation between you and your partner. The facilitator's role assures that the process goes smoothly and that the group is working toward completing your case. In addition, the facilitator is often used to negotiate a parenting plan, helping you schedule time with your children post-divorce.
To find a local facilitator, click on the following link: http://cnycollaborativepractice.com/professionals.php
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What is the Attorney's role?
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In litigated divorces and separations, the attorney takes an adversarial stance, with the primary purpose of getting his or her client "the best deal". This might be great for the individual client, but the outcome is often devastating for the family, and for ongoing cooperation between both parties. The collaborative attorney will work with you to advise you of your legal rights, and will also work with your partner, and your partner's attorney to facilitate a settlement that works for all parties involved - the partners and, if appropriate, their children. Both attorneys advocate for open communication and an equitable final agreement. For a list of local attorneys who practice collaborative law, please click on the following link: http://cnycollaborativepractice.com/professionals.php.
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What is the Financial Consultant's role?
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The financial consultant works with both parties to analyze historical spending, and to present options - based on both parties needs, desires and financial availability - for post-divorce maintenance and child support in ways that are equitable and acceptable to both. In addition, the financial consultant can provide education regarding what the future might look like, based on various financial outcomes.
To find a local financial consultant, click on the following link: http://cnycollaborativepractice.com/professionals.php
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If you would like to view a 20-minute video of a real couple as they navigate the collaborative divorce process, please click on this link:
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