The most unique aspect of a pure collaborative arrangement is that both attorneys will withdraw if either party files a pleading in court asking the judge to get involved in solving the conflict. The prospect of hiring a new attorney to proceed to court provides strong motivation to work past impasses, and acheive a mutually satisfactory agreement. In this regard, participating in a collaborative legal process is much like an unbundling agreement in which you hire an attorney, for example, to negotiate and perform legal research, but not to appear in court.
As in any matter, if an impasse is reached, the parties might consider mediation before asking the court to impose its authority to resolve the conflict.
A sample agreement in which both parties and their attorneys agree to use this collaborative process can be found here.
Q. What Are the Advantages of Collaborative Law?
A. As summarized by the International Academy of Collaborative Professionals, these are some advantages of collaborative law:
- Reduces financial, time, and emotional costs
- Avoids going to court
- Helps maintain important relationships
- Protects confidentiality and avoids publicity
- Keeps the parties in control of the process
- Encourages mutual respect
- Provides open communication
- Uses a problem-solving approach
- Identifies and addresses all parties' interests and concerns
Again, as with most effective forms of alternative dispute resolution, the process is 100% voluntary, and you are responsible for defining the terms of any agreement, not a judge.
Q. What Are the Disadvantages of Collaborative Law?
A. There are no guarantees that collaborative law will produce a satisfactory agreement. Nor can the other party's honesty and good faith in the process be guaranteed. If either party resourts to court to solve the conflict, you may be faced with the hassle and expense of hiring a new attorney. If your attorney withdraws because either party has resorted to court to solve the conflict, you must still pay your collaborative law attorney for services provided according to the terms of your fee agreement.
LINKS
Collaborative Divorce Eases Families' Pain (Daytona Beach News Journal, OpEd, 12-26-07)
Collaborative Divorce Costs Less (ABA Journal, 12-18-07)
More Couples Seeking Kinder Gentler Divorces (AP 12-18-07) (includes brief discussion of Unbundled Legal Services)