Legal disputes between family members are unfortunately common. Sadly, resolving the dispute through the typical adversarial court process may lead to a permanent strain in family relationships.
Taking a dispute to court often results in a winner and a loser, which is not good for preserving family ties. Collaborative legal techniques are often the better choice for legal disputes within a family.
A Coconut Grove collaborative family lawyer can explain how collaborative law might help you resolve your legal dispute. Working with a skilled family attorney using collaborative law techniques can help you resolve your dispute out of court and preserve important relationships.
What Makes the Collaborative Process Different?
Collaborative law is fundamentally different than traditional law practice. When a legal matter is handled in the traditional way, there are two sides—a plaintiff and a defendant. When a matter is handled collaboratively, there is one team working together to achieve a win/win result for both parties.
Each party to the dispute must have their own lawyer to advise them and ensure they understand their rights. However, the parties and their lawyers all agree to settle the dispute without litigation. Florida Statute § 61.57 requires them to sign a participation agreement to begin the process.
The participation agreement confirms that the parties commit to working together to resolve their dispute amicably and without resorting to the courts. The agreement must affirm that everything disclosed by any method during the collaborative process is confidential and cannot be shared. The agreement requires the parties to acknowledge that if the collaborative process ends before an agreement is reached, neither of the Coconut Grove attorneys nor any others who worked in the collaborative process can be involved in the litigation.
How Collaboration Works
There are usually other parties involved in the collaborative divorce process besides the parties and their lawyer. In many cases, there is a neutral facilitator who ensures the parties comply with document production schedules and oversees discussions to keep them on track.
Depending on the issues the parties are trying to resolve, other professionals could participate in the process. For example, in a collaborative divorce, the parties might work with accountants, appraisers, child development specialists, and others. A Coconut Grove attorney has a network of professionals trained in collaborative law techniques who can provide specialized information and assistance.
Although each party pays for their own lawyer, they share the cost of the other professionals and consultants. Each third party agrees to maintain neutrality and confidentiality, and understands they cannot provide services to either party if the collaborative process ends before an agreement is reached.
Some Disputes Are Best Resolved Through Traditional Means
Collaborative family law allows people with a familial connection to resolve legal disputes privately and respectfully. However, both sides must be committed to a fair outcome and keeping the dispute out of court. Collaborative processes do not work when one side needs to win or wants the other to lose. It requires a substantial investment in time, an ability to communicate respectfully and truthfully, and the willingness to take in information and use it to create effective compromises.
An attorney in Coconut Grove trained in collaborative law techniques can evaluate whether a situation is appropriate for this kind of process. If not, they could advise a party to consider mediation or traditional litigation to resolve the issue.
Learn About the Collaborative Family Law Process from a Coconut Grove Attorney Today
Taking a family law dispute to court is slow, expensive, public, and sometimes humiliating to one or both parties. Litigation can destroy family relationships even when the matter settles before a trial.
Collaborative law is based on mutual respect and cooperation, and is an effective way to resolve many family disputes. Contact a Coconut Grove collaborative family lawyer at The Florida Probate & Family Law Firm to arrange a free case evaluation today.