Michael D. McNeil Family Law Blog on Lawyers.com

Collaborative Process Update

Wednesday, December 2, 2009 by Michael D. McNeil

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Couples facing separation and divorce encounter many challenges - especially when children are involved. A Collaborative Divorce employs a structured process that allows the parties to focus on issues that are important to them, while avoiding the stress and uncertainty of litigation.

The cornerstone of the Collaborative Process is the Participation Agreement and its disqualification clause. The lawyers and clients sign a Participation Agreement which provides that if the parties are unable to reach a settlement, the lawyers will withdraw from the case. The Participation Agreement is intended to eliminate threats of litigation and "take it or leave it" positioning that disrupt and derail so many traditional cases. The Participation Agreement also requires both parties to:
  1. Disclose and exchange all financial information, so each spouse has the same information from which to make fully informed decisions.
  2. Maintain absolute confidentiality and allow each spouse to express his or her needs and concerns without fear of losing leverage.
  3. Reach written agreement on all issues and concerns outside of contested court proceedings.
  4. Authorize the attorneys to incorporate the written agreement in a final court decree.
You should consider Collaborative Law if you and your spouse:
  1. Want to protect your children from the harm litigation can inflict.
  2. Place a high value on personal responsibility in resolving conflict.
  3. Can focus on a positive solution for the entire family.
  4. Want to preserve a respectful working relationship.

Please visit our website www.drewlaw.com for additional information.

 
Posted at 16:50 PM
Topic: Family Law
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