Collaborative law is a dispute resolution process that does not involve the courts. It is a process that is based on facilitative principles, such as mediation, but is distinct from mediation in that the parties are represented by their own attorneys who facilitate the discussion in accordance with an agreement.
But before collaborative law became popular as a way to resolve disputes between parties, it was originally a divorce procedure in which the two parties agreed that they would not go to court, or threaten to do so. Then it has expanded significantly since then.
In a collaborative divorce, the parties strive to reach a fair settlement through a series of meetings (or joint sessions) between the two parties and their lawyers, and sometimes other neutral experts. The primary focus of the four-way meetings or joint sessions is to identify the priorities, goals, needs and interests of the parties, and help them progress towards and create a settlement that is consistent with their priorities, goals, needs, and interests. Learn more about collaborative divorce with the st. louis collaborative divorce.
The key document in a collaborative case is the participation agreement. It is a contract signed by the participants, which sets forth the rules for the process.
At the beginning of the process husband, wife, both attorneys and any other involved collaborative professionals sign a Participation Agreement that requires the parties to: exchange complete financial information so that each spouse can make well-informed decisions; maintain absolute confidentiality during the process, so that each spouse can feel free to express his or her needs and concerns; participate with integrity and respect; and reach a written agreement on all issues and concerns outside of contested court proceedings. Check out what the st. louis collaborative divorce has to offer about this.
One of the most important features of collaborative divorce is a pledge signed by each lawyer to withdraw if either of the parties decides to go to court. Since both lawyers would lose the clients if an agreement is not reached, they have an extra incentive to help their clients to cooperate and find solutions that honor the concerns of both parties. For more information about divorce processes involving collaborative law, then visit the st. louis collaborative divorce.