Legal disputes within families are challenging on many levels. Family issues involve an emotional component that is difficult for the adversarial legal process to properly address. Collaborative family law is a holistic approach to family law issues that attempts to meet all the needs of the parties. A team of professionals works with the parties and their lawyers to resolve the issues cooperatively.
If you are intrigued with the concept and would like to achieve a solution to a family law problem through non-adversarial means, contact a South Miami collaborative family lawyer to learn more.
How Collaborative Law Works
The traditional adversarial legal system produces a winner and a loser. In family law cases, which involve people who have strong emotional ties and are likely to have ongoing relationships with each other, a win/lose result is not desirable. Finding a mutually agreeable solution preserves and strengthens family bonds.
When family members in South Miami use a collaborative law approach, each party hires their own lawyer. However, they agree that they will not take their dispute to court and will work together to find an acceptable solution.
The parties share the cost of any experts they need to help them resolve the issue. Depending on the nature of the dispute, these might be accountants, tax experts, education consultants, medical professionals, social workers, and others. Everyone involved in the process makes a commitment to find a solution outside of court.
When the Process Is Appropriate
Collaborative law is increasingly used in divorce cases in South Miami and elsewhere when spouses want to end their marriage peacefully and privately. Every member of the collaborative law team agrees to keep the proceedings confidential, so it is an excellent option for public figures or people with high-net-worth who may be concerned about privacy.
The process is also helpful when unmarried couples separate and must resolve issues regarding their children. Heirs might use collaborative techniques to resolve disputes over a will or inheritance rather than suing each other.
Collaborative law only works when all parties are committed to civil communication and maintaining respect for each other. They must be willing to compromise and see the value of win/win solutions. When the parties have a volatile relationship, a history of violence, or a pattern of one party dominating the other, collaborative law techniques may not be the best option.
What Happens When Collaborative Efforts Fail?
The nature of the collaborative law process means that it must be completely voluntary. A court cannot order parties to try collaborative techniques. The process cannot succeed unless both parties are fully committed to reaching a resolution through non-confrontational means.
According to Florida Statute §61.57, the collaborative process ends when the parties reach a full or partial agreement or when either party decides to end it. Collaboration can be time-consuming and may require the parties to meet regularly for months. When either party decides the results are not worth the effort, they may terminate the process.
If a party decides to end the collaborative family process in South Miami and take their case to court, they must get a new lawyer. An attorney who advised a client through collaboration may not represent them in litigating the same matter.
Learn Whether Collaborative Family Law in South Miami is Right for You Today
Collaborative law is a relatively new concept and will not be ideal for every person or every dispute. However, when family members are committed to keeping their disagreement out of court and finding a workable solution, it may be an excellent alternative.
Before deciding to file a lawsuit, investigate whether this option might work for you. Schedule a free case evaluation with a South Miami collaborative family lawyer at The Florida Probate & Family Law Firm to learn more.