Serving
as Attorney/Advisor for Spouse:
Collaborative Divorce Q&A
- What is Collaborative Law?
Collaborative Law is a distinctly empowering way to resolve
disputes. It is a constructive way to create
agreements that work for everyone involved.
- How does Collaborative Law differ from mediation?
In mediation, two parties hire one mediator to facilitate
discussion aimed at settlement. n collaborative law, both parties
hire their own lawyers, or advocates, to work together openly and honestly
to resolve the parties’ dispute. In contrast to mediation,
collaborative lawyers do give their clients legal advice that will support
them in crafting solutions. The two lawyers work as a team together with
their clients to problem solve. The collaborative law process includes
meetings between parties and their lawyers as well as “four-way
meetings” during which everyone comes together to discuss solutions.
Collaborative lawyers are not objective as a mediator, but rather
involved and invested in finding a solution with integrity.
- How is Collaborative Law different from conventional courtroom litigation?
Typically, conventional family law litigation lasts
from 12-48 months, costs on average $20,000 per person,
and fails to resolve all of the issues o the satisfaction
of both parties (there is a 90% chance of post-agreement
litigation of subsequent issues.) In contrast,
the collaborative law process lasts
4-8 months, on average costs $4,000 with a les s than
5% of post-agreement litigation of subsequent issues.
Clients typically finish the process having experienced
a relative “win-win” rather
than feeling completely devastated by the adversarial
battle often found in conventional litigation.
- When is Collaborative Law not appropriate?
Collaborative law may not be appropriate when there has
been a history of violence, psychological abuse, or in
cases involving alcohol or drug abuse. If the two
parties are not willing to participate openly
and honestly, the collaborative process will also not be
appropriate or effective.
- What do Collaborative Law clients say about the collaborative process?
Collaborative law patients often report that the process was one
of cooperation and healing. Usually, the parties in a collaborative
law oprocess ae very grateful to have avoided the destructive nature
of conventional litigation.
- What if my client does not agree to proceed in the Collaborative process?
Then you will have to take the conventional approach to
resolving the dispute. However, that being said,
when your client learns about the benefits of proceeding
through the collaborative process, they may be interested
in learning more through a four-way meeting to discuss
the opportunity.
- What type of solutions can be created through the Collaborative process?
This is the dynamic aspect of Collaborative Law. Thinking
collaboratively, the parties can create agreements thinking “outside
the box.” All
parties have the freedom to custom tailor agreements
to their lifestyle, and they can problem-solve without
the pressure of a court hearing looming.
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© 2006 Storch
Law Group pllc
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Collaborative Family Law of Storch
Law Group, PLLC serves both the Eastside Puget Sound communities of Bellevue,
Kirkland, Redmond, Issaquah and the Sammamish Plateau as well as the
Greater Seattle area as specialists in all aspects of Collaborative Family
legal issues including Collaborative Divorce, Mediation, Guardianship,
Estate/Probate law, and other Collaborative Family Law cases. Contact
Melissa Shields Storch today.
Collaborative
Family Law of Storch Law Group, PLLC | 7971 170th
Ave. NE Redmond, WA 98052 425.941.5936 fax 425.898.1534
Member
Washington
state's collaborative law practice group
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