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The Collaborative Approach

Committed to helping families resolve by agreement the issues that arise in divorce while preserving family harmony.

Our practice focuses on Collaborative Law and Mediation. To successfully assist couples in resolving issues related to all aspects of divorce or relationship dissolution, including parenting plans, allocation of assets, and retaining sound inter-family relationships.

Divorce may be inevitable, but the way you divorce is not.

Going through a divorce doesn't automatically mean having to endure the turmoil that is often associated with it. You now have another choice, Collaborative Law. Developed as an alternative to the stereotypical divorce scenario, Collaborative Law is a new option for divorcing couples to resolve disputes respectfully without going to court. It offers couples a humane, solutions-based approach to ending a relationship.

It differs from the traditional process because Collaborative Law promotes respect and gives control of the process to the spouses, not a judge. Because clients agree not to go to court, the process is more open and less adversarial. The goal is to enhance communication throughout the process and lay the foundation for a healthier relationship during, and after, the divorce.

Collaborative Law is based on three principles:

  1. The parties pledge in writing not to go to court.
  2. Both spouses engage in an honest exchange of information.
  3. Each solution takes into account the highest priorities of both spouses and their children.

How Collaborative Law works

Once the collaborative approach has been chosen by the divorcing couple, each spouse selects Lawyers experienced in Collaborative Law to assist them throughout the process. All parties sign an agreement not to go to court and each spouse and their Lawyer meets privately. However, Collaborative Law is unique in that it calls for the spouses and their Lawyers to come together for face-to-face discussions and negotiations -- outside the courtroom.

In an atmosphere of openness and honesty, all assets are disclosed, needs are communicated, and solutions are explored. When children are involved, their interests are given foremost priority. In some cases, other collaborative professionals such as child specialists, financial advisors, and divorce coaches may also be involved.

The end result of Collaborative Law is a divorce agreement that has been achieved through mutual problem solving. The divorcing spouses, along with their Lawyers, take control of shaping the final agreement, rather than having a settlement imposed on them by the court.

© 2009-2012 Law Offices of Regina F. Kelly