Family disputes usually end with the home splitting up and the family separating, when the court is involved. To avoid such measures, disputes recently have been solved using Collaborative Law. It is a method to eliminate the court factor and helps the family fight the problem, instead of fighting each other.
A collaborative law method requires both parties to have their attorneys that are tasked to assist them in solving the dispute. The main reason is to avoid court, but if it comes to that, the collaborative process ends, attorneys are dismissed and have no role to play in the case anymore.
It is necessary for both parties to sign and agree to the following terms to be in the Collaborative law process:
Honor Each Other’s Respect
Both parties are to agree to solve matters respectfully and avoid any kind of disapproving or misconduct.
The law includes keeping the children out of the whole process, as an act to minimalize any impact the divorce would have on them.
All Documents Should be Disclosed
Any document or information that might be helpful, related to the case should be disclosed by either of the parties. Taking advantage of any mistake or miscalculation is prohibited. If there are any errors of this kind, they should be pointed out and corrected.
Both parties are to agree to use experts from outside, whenever it deems necessary. It has to be a cooperative act, and the costs of any related expert (e.g., business appraisers, accountants, real estate agents, parenting consultants, vocational evaluators, etc.) is to be share by both parties.
All of the parties are prohibited to seek court or threaten the other party with any court action, to solve this particular conflict. If any of the parties reach court, the process terminates, and the attorneys are disqualified.
The main reason for this whole process is to end the conflict in favor of both parties, by creating a win-win solution for everyone.
To solve the disputes in the best possible way, a group of professionals is hired. The conflicts can be financial or legal, but at the same time, there are many family disputes that are emotional and link directly to the mental or psychological health of a person. That is why a team of professionals like unbiased financial advisors, parenting experts, psychologists, appraisers, child specialists or others is assembled if needed.
Financial Experts are usually clashing with each other in court to get their client the most shares. But in a collaborative process, the financial expert is unbiased and uses their abilities at the best to make sure each of the parties agrees on the division of cost and further conflict is avoided.
In severe situations like these, a Child Specialist plays a huge role. The job of a child specialist, in this case, is to be with the children and give them psychological support. Kids have a tough time understanding situations like these and often hold themselves responsible for it; a child specialist’s job is to prevent that from happening.
A collaborative law doesn’t work in all cases, but it does on most. There are more than 90% cases that are resolved with this process, according to stats. It saves the family a whole lot of painful experiences and keeps things between them, with the fraction of the usual cost that comes with a divorce. If you want to learn more, click here or follow the link given below on a great explanation of the Collaborative Law by Chicago attorney Sandra Crawford.