Family law issues like child custody and divorce often trigger strong emotions. When a dispute must be settled in the courtroom, it can get tense—even when both parties prefer to keep things civil.
Collaborative law practices can resolve family law matters in a non-adversarial way. The parties agree not to take their dispute to court and work with a team of family law professionals to find a workable solution. This method has many advantages but is only appropriate in some cases.
Contact a Pembroke Pines collaborative family lawyer when you have a matter you want to handle out of court. They can explain the process and help you determine whether it will work effectively for you.
Understanding the Collaborative Law Approach
Using collaborative law methods requires both parties to agree to the process. They must commit to working cooperatively with attorneys to resolve the issues dividing them. The collaborative approach requires open and honest communication, trust, and a willingness to accept and consider the counsel of outside experts.
When both parties agree to work collaboratively, each hires legal representation to protect their rights and offer guidance. Lawyers must be familiar with the collaborative law process, which requires them to resign if the matter ends up in court. Once the parties and their attorneys agree that the matter is appropriate for a collaborative approach, they will sign a collaboration agreement.
Following this, the parties and their lawyers negotiate a resolution to the dispute, often hiring outside experts to provide opinions and advice, which is a shared cost by both parties. In many cases, a collaborative family facilitator in Pembroke Pines will oversee the negotiation process, scheduling meetings, contacting outside experts, and ensuring they have the information they need for an efficient process.
Resolving a Dispute Through Collaborative Methods
Parties who resolve their dispute through collaborative methods enter a binding contract with their attorneys. Florida Statute § 61.57 requires the contact to spell out the issues the couple wants to address collaboratively. It must state that if either party abandons the collaborative family process, they must find another lawyer in Pembroke Pines to represent them.
The parties will then hire outside experts to advise them. For example, when a divorcing couple has a medically fragile child, their financial and custody arrangements must accommodate the adolescent’s condition. They might request input from a healthcare professional, accountant, disability specialist, and others to ensure their arrangements best support their child.
The collaborative process often requires the parties and their attorneys to meet several times over weeks or months, depending on the issues being resolved. At the end of the process, the parties will have a negotiated binding agreement resolving their issues. In the case of collaborative divorce, they submit their agreements to the court and file for an uncontested divorce.
Traditional Methods May Be Appropriate
A fundamental principle of collaborative law is that both parties have legitimate needs and goals, and must respect and accommodate the other to the extent possible. In other words, collaborative law requires mutual respect.
Although collaborative divorce is an excellent strategy for many couples, it is not appropriate in high conflict divorce or when there is a history of abuse or violence. Collaborative procedures may be ineffective when one party needs to be right or does not willingly accept help or advice.
A collaborative law attorney in Pembroke Pines is trained to evaluate whether a specific matter is appropriate for a collaborative approach. If not, they will inform the parties that mediation or traditional litigation is a better option.
Invest in a Collaborative Approach with a Pembroke Pines Attorney Today
Resolving disputes through collaborative law approaches keeps control in the hands of the parties while offering them the benefit of expert advice. It is a cost-effective, respectful, and empowering way to resolve legal disputes.
When you want to manage a family law issue outside of court, contact a Pembroke Pines collaborative family lawyer. We offer free evaluations at The Florida Probate and Family Law Firm, where we will discuss your case and let you know whether we recommend a collaborative approach.