Collaborative Law
Frequently Asked Questions
Collaborative Law is an approach that allows you to have a strong voice in the process, while still having the support and advocacy of an attorney to guide you toward settlement by agreement. Collaborative Law can be effective in resolving all family law matters including divorce.
What is Collaborative Law?
The focus is an agreed upon settlement that is equitable and feels “fair” to both parties. The clients and attorneys all work toward defining the specifics of the agreement the parties are trying to reach; in a divorce the agreement would then be presented to the Probate and Family Court for approval and no court appearances are needed except for the final joint hearing to approve the negotiated agreement.
Collaborative Law is a process that can be used for resolving family law matters including divorce and post-divorce matters such as review and reconsideration of alimony, child support, or payment of college expenses, modification of parenting plans, and prenuptial and postnuptial agreements.
Collaborative Law is well suited for simple and straightforward family law matters as well as more complicated and challenging divorces and other family law situations. Collaborative Law can help neutralize power imbalances with its focus on transparency and the sharing of information leading to fair and equitable resolutions. It is used to address disputes about parenting and child care approaches, complex asset divisions and business valuations, support, tax implications of divorce, and in other family law matters or scenarios all of which can benefit greatly from the Collaborative Law approach. You should certainly consider Collaborative Law as an option if you want more control over process and outcome.
How does Collaborative Law differ from settlement counsel?
Collaborative Law is similar to settlement counsel as Karen J. Levitt is retained as legal counsel and is your collaborative lawyer, advocating and negotiating on your behalf to achieve an agreed upon settlement. In reviewing these FAQs as compared to the Settlement Counsel FAQs, you will notice the similarities. The difference is that in Collaborative Law, the parties sign an agreement to resolve the family legal matter, including divorce, outside of court and the attorneys agree not to litigate.
What are the advantages of Collaborative Law?
Choosing the Collaborative Law path offers many potential advantages including, but not limited to:
- You have legal counsel guiding, supporting, and advocating for you.
- It is an out of court process focused on resolution by agreement of the family legal matter thorough negotiation, communication, and collaboration.
- It is private and confidential.
- It may help you and the other party find a way to co-parent after divorce.
- It may help maintain relationships with mutual friends, family, business, or community connections that you don’t want to “split” as a result of your divorce.
- It may enable you to move forward with your life in a more positive manner.
- The financial cost for legal services can be less than litigation.
- The timeframe for resolution of a family legal matter through the Collaborative Law process is typically less than litigation.
Why Levitt Family Law & Mediation for Collaborative Law?
What happens if resolution can’t be attained through Collaborative Law?
What kind of training does a Collaborative Lawyer have?
In addition to their professional training and experience, a Collaborative Law attorney has generally also completed a minimum 18-hour training course in Collaborative Law, which focuses on the specifics of the Collaborative Law process and negotiations. Many Collaborative Law attorneys are also trained mediators or have litigation experience as well which is the case for Karen J. Levitt. Learn more about Karen J. Levitt’s experience.
How do I prepare for a meeting with a Collaborative Law attorney?
How does Collaborative Law differ from Mediation or Litigation?
One of the hallmarks of the Collaborative Law process is that the clients and the attorneys agree not to go to Court except for final hearing or any agreed upon matters. If the process breaks down the Collaborative Law attorneys help the parties transition to litigation counsel; however, in the Collaborative Law process the clients, attorneys, and the case facilitator all have a shared commitment to working out their issues by agreement which provides for a high degree of successful resolution.
What happens during the Collaborative Law process?
Each meeting may focus on just one issue, for example a parenting plan, or multiple issues, based upon the agenda set. The number of meetings varies depending on the complexity and number of issues to be decided. The process fosters open discussion and sharing of information to help parties reach resolution as quickly and efficiently as possible.
Why is there a case facilitator or “coach”?
What if we need other professionals to help us?
Financial professionals, business valuators, real estate appraisers or brokers, pension experts, child specialists, or other professionals can be part of the Collaborative Law process as needed. While mediation and litigation sometimes also involve other professionals, they may not be joint professionals as they are in Collaborative Law. The use of a neutral joint professional who works for both parties, reduces time and cost. A neutral joint professional can assist parties in gathering or understanding information necessary to determine asset values, parenting plans, or other issues in the case. Please refer to the Professionals listing for additional information about other professionals that may be part of the process.
What is the cost of Collaborative Law?
How long does a Collaborative Law case take?
How do I decide whether to do Collaborative Law vs. another process?
During the initial consultation, we will gather information about you, your marriage or other family law issues, your goals, interests, and concerns, and discuss with you your case including what process options you have available. This discussion is intended to help you decide if Collaborative Law is right for you.
How do I get the other party to also choose Collaborative Law?
During the initial consultation, we will gather information about you, your marriage or other family law issues, your goals, interests, and concerns, and discuss with you your case including what process options you have available. This discussion is intended to help you decide if Collaborative Law is right for you.
Where can I get more information about Collaborative Law?
We have more information about Collaborative Law on our website; review our Resource section as well as search our blog, Around the Table.