
Collaborative family law may be the way to go for most people having disputes, especially close ones. Usually, both parties are involved, and the lawyers are also present during the negotiation process. This often helps to keep settlement as the top priority. In this type of collaborative practice, the attorneys and involved parties always sign an agreement that aligns everyone’s interests in the resolution. Therefore, it is essential to find an attorney that can help with this process.
Major Elements of the Collaborative Practice
You need to understand that participation should always be voluntary. Those involved should be willing and ready to provide information freely and commit to resolving their differences out of court. If one person decided to take the issue to court, the professionals involved could be lawyers and social workers withdrawing. There is also a commitment to respect and work towards similar goals. In some cases, more specialists will be needed to assist the lawyers. Depending on what the case is about, you may need to bring in child specialists, life coaches, or even financial experts. The aim is to resolve the issue with list resistance.
Collaborative Practice is Different from mediation.
Even though they seem similar, collaborative practice is different. Mediation processes involve a third party who is impartial to the parties. The mediator does not give legal advice but oversees the mediation process and ensures everything goes smoothly. Both parties are free to consult their lawyers or legal teams during and outside the mediation processes. When the two sides agree, the mediator drafts the agreement and processes the settlement that is reviewed by both parties’ legal sides before signing.
On the other hand, the family lawyers are involved during the negotiation, and the settlement is prioritized in collaborative practice. The lawyers in collaborative practice ensure that the process is balanced, productive, and positive. Know the difference before seeking this kind of help.