Florida is pioneering the path for the collaborative law process, which is a way to resolve complicated family law matters away from the public eye. Plus, you do not have to disclose nearly as much personal information as you do in a standard family law litigation setting.
If you need assistance resolving a family law issue, a West Miami collaborative family lawyer can get you the negotiated settlement you need.
Positives of the Collaborative Process
The collaborative process has more positives than the typical ways to resolve family law affairs. This can be a more efficient process, produce less conflict, be cost-effective, and allows you to have more of a say in the process.
Family law proceedings in a courtroom are often set up as conflicts. Both parties stand apart, with a judge in the center, and are encouraged to make persuasive arguments for why they should have the agreement go their preferred way.
Individuals deciding to take family law issues directly to the collaborative process can negotiate settlements with themselves, their attorneys, and a certified neutral mental health professional in a more close-knit setting designed to bring the parties closer, not farther away. They can communicate more directly to resolve issues such as divorce, custody, child support, and the distribution of property.
Furthermore, while family law proceedings can remain in court for years, the collaborative process often shortens this timeframe drastically. The cost is lower than traditional methods because the parties typically work with the same experts and split the cost. It is about working together to resolve the dispute, not making a hostile atmosphere.
A West Miami collaborative family law attorney can provide effective representation in these joint negotiations.
How Does the Collaborative Family Process Work?
The collaborative family law process starts with a discussion about whether two people prefer to settle their disagreements through settlement or litigation. Each person could have their attorney present with them, who will explain the steps of the process and how the goal is to respectfully work with one another to settle without the worries of litigation.
Before formal negotiations start, the individuals will sign a form known as a participation agreement, which binds them to attend mutual negotiation sessions to solve the disagreements without filing a legal action in a family court.
Another requirement of the collaborative process is that the parties willingly exchange essential financial records to help make choices concerning assets, custody, and other matters. They also consent to not reading any of the confidential information discussed to any third parties or children who may be referenced in the settlement meetings.
Before scheduling settlement meetings, each person will meet with the certified neutral mental health professional, who will explain their role in the negotiations. Typically, this person facilitates smooth communication during the meetings and assists with a more efficient process if it appears the process is becoming heated. If a settlement cannot be reached, the facilitator agrees not to be either person’s lawyer if formal litigation occurs.
A West Miami collaborative law attorney can advocate a person’s interests during this process.
Place a Call to a West Miami Collaborative Family Attorney Today
Even though the collaborative family alternative to resolving personal disputes is not as heated as traditional litigation, you should still have The Florida Probate & Family Law Firm on your side to advocate for you.
Contact us and a West Miami collaborative family lawyer will get you the outcome you deserve in a way that saves you money and stress. Ask us about setting up a free case evaluation.