Collaborative Law is a new approach to divorce aimed at creating a problem-solving environment and minimizing conflict between the parties. This approach empowers the parties to move toward conflict resolution with the assistance of the members of their Collaborative Law team. The foundation of this approach is giving families privacy and support as they work towards an equitable dissolution.

·         Husband and Wife

·         Husband and Wife’s attorneys, who have been trained in Collaborative Law. Attorneys must be familiar with the process, and able to represent the best interest of their client while staying in a collaborative mindset and focusing on issue resolution.

·         Neutral Professionals who can advise the parties on their options as issues arise

-          Mental Health Professionals (Work with Husband, Wife, and Children)

-          Financial Professionals (CPA, Appraiser, Financial Planner)

-          Mediators

This is a voluntary process where both parties agree at the outset to proceed in a collaborative fashion. They do this by signing a Participation Agreement. The Participation Agreement sets the terms for the Collaborative Law process. By signing this, the parties agree that if either party withdraws from the process and proceeds in litigation, they are barred from using the services of any of the professionals involved in the Collaborative process, including their attorney. The Participation Agreement also commits the parties to providing full and honest disclosure. The Participation Agreement lays the ground rules for the process and encourages the parties to see it through.

Negotiations will usually take place in a four-way meeting with the husband and wife and their respective counsel. The parties will have met individually with their lawyers prior to the four-way meeting to discuss issues that they want to cover. Both attorneys will also have met prior to the four-way meeting to plan an agenda for the four-way meeting. Negotiation during these meetings may be rigorous, but should be done in good faith and without threats of litigation or of abandoning the collaborative process.

Collaborative Law aims to produce an equitable solution for both parties, and allows the parties to be directly involved in negotiating the terms of settlement. Through a series of four-way meetings, consultation with neutral professionals, and support of the Collaborative team in working through issues that may cause an impasse, the collaborative approach can produce a settlement without the conflict inherent in litigation. The Collaborative approach can expedite the divorce process, as the parties and their counsel decide on meeting times and do not have to work around the schedule of the courts. This approach benefits the individuals involved, and in the cases of couples with children, the entire family will benefit when parents are involved in a process that is collaborative and not adversarial. The end goal is a mutually agreed upon, legally binding document that, once signed by both parties, is filed in court for approval.

Damian Turco has completed Collaborative Law training and is available for consultation. If you have questions or want more information, please call (561) 472-0919 to schedule an appointment.