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Collaborative Law Offers An Alternative Way To Divorce

A collaboration arrangement is not mediation. In mediation, a person is hired by both spouses to fashion agreement(s). The mediator acts as a consultant and does not work for a particular spouse.

In collaboration, each side hires an attorney to guide, inform and negotiate on their behalf. However, each side commits in advance to informal resolution of their issues and no use of litigation. If the process breaks down, the clients generally have to hire new counsel of their own to litigate.

Many times the course of collaboration is decided after litigation begins. A spouse brings it to the attention to the other spouse or makes a proposal through their lawyer to the other spouse's lawyer. Or clients, after determining that a divorce is necessary, decide on the collaboration process, and then seek attorneys who will help them achieve their collaboration goals. Generally, an agreement to collaborate is filed with the court to let the court know the parties are proceeding outside of the adversarial process and that their counsel are to be regarded as "advisory" only during the collaboration time period.

Learn Whether Collaborative Divorce Is Right For You

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