You are here:   Articles
Register   |  Login

View Article

07

 

                                               

 

Why should people look for Collaborative Law Professionals when considering going through a divorce?

 

I just took the training for Interdisciplinary Collaborative Practice and I was very pleased to learn that couples that start the process of divorce may be able to go through that difficult stage with less stress, spending less money, and creating less negative consequences for the children involved in the situation. In the model presented by the Tampa Bay Collaborative Trainers (sponsored by the Collaborative Family Law Professionals of South Florida), instead of working with opposing attorneys in a litigation process, the parents participate with their respective attorneys in a collaborative process with the help of an accountant and of a mental health professional (all trained in Collaborative Practice).

 

 

 “Collaborative Practice is a voluntary dispute resolution process in which clients resolve disputes without resort to any process in which a third party makes a decision that legally binds a client.” (Tampa Bay Collaborative Trainers, 2018).

 

What does that mean? As opposed to Divorce that ends up in Litigation, when a couple looks for Collaborative Law Professionals when planning for a divorce, these are the advantages of consulting Collaborative Law Professionals in comparison to going through litigation:

 

1.     The spouses control the process and the make the decisions instead of giving the control over to the judge

2.     There is less adversity in the process in keeping the decisions out of court (court process is based on an adversarial system)

3.     Costs are more predictable and usually less expensive than litigation

4.     Spouses have control of the times of meetings as opposed of when the judge is available.

5.     Experts are used conjointly (except for the attorneys): thus, less money is spent in that area, if needed.

6.     Lawyers who are trained in the Collaborative Practice model shift their thought process from adversarial to a mutually agreed agreement.

7.     All discussion and process is kept confidential, as opposed to any litigation dispute that is public record.

8.     All professionals help and are helped in the communication process keeping a collaborative tone to it.

9.     When children are involved, the process of making decisions about their lives is helped by all professionals, and with the help of a mental health professional without having to go to an adversarial situation in court.

There are many specific elements of a Collaborative Practice for divorce, and you can learn more about it in the various websites, including the Collaborative Family Law of South Florida site. It is important to read about this approach when looking to start the process of divorce, and to discuss all choices with your spouse, and with an attorney when you consult one to start the process. You can find a list of Collaborative Practice professionals in the various websites.

 

I am very pleased that spouses have choices when deciding to go through a divorce. I am looking forward to participating in the Collaborative Practice with fellow colleagues, attorneys and accountants.

 

 

Post Rating