Joining My Spouse/Ex-Spouse's Collaborative Divorce:
Collaborative Divorce Q&A
- What
is Collaborative Law?
Collaborative Law is a powerful way to resolve disputes
by collaborating towards a mutual solution that solves a problem or dispute.
In ohter words, it is a constructive way to create agreements that work for everyone
involved.
- How
does Collaborative Law differ from mediation?
The collaborative law process may also include working
with a larger team of experts including a financial planner,
divorce counselor/coach, and/or a parenting evaluator. Each
expert is trained in the collaborative law model, and each is
equipped to effectively advise and plan in their area of expertise,
so that the overall cost of fees for the team is still much less
than the typical lawyer fees generated in litigation. Another
team benefit is greater efficiency than a lawyer working on many
different types of issues simultaneously. The collaborative
team approach can be very effective, because people who are trained
to resolve, manage, and advise on specific concerns are part
of the problem-solving approach.
As a helpful guide and takeaway for clients, the workbook entitled
a "Handbook for Clients," written by Pauline
Tesler, is available at our office for each client during the
initial consultation.
- How
is Collaborative Law different from conventional courtroom
litigation?
As illustrated on the previous page, 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 you and your spouse are not willing to participate
openly and honestly, the collaborative process will likely 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 spouse/ex-spouse does not agree to proceed in the Collaborative
process?
Then you will have to take the conventional approach to
resolving your dispute. However, that being said, when others learn
about the benefits of proceeding through the collaborative process, they
are often interested in learning more through a four-way meeting or at least
a meeting with a collaborative lawyer.
There is information on this site to download and show to
your spouse/ex-spouse to educate him or her about the process.
Also, we have a link to the Washington Collaborative Law website that includes
a list of lawyers in the area who practice collaboratively.
- 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.” Rather than having a third party (such as a mediator
or judge) who knows very little about you and will make decisions
with which you will have to live for a long time, you have the
freedom to custom tailor agreements to your lifestyle, and you
can problem-solve without the pressure of a court hearing looming.
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© 2006 Storch
Law Group pllc
getinfo@collaborativefamily.com |
425.941.5936 | Privacy Policy
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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