While divorce proceedings can be angry and explosive, peaceful alternatives to litigation do exist. Collaborative law is a substitute for the divorce litigation process, and allows the parties to work outside the Court system to resolve their case. In a collaborative case the parties agree and sign a contract not to go to Court for any reason. The parties agree that there will be open "discovery" and either party can see any document necessary for his or her case. However, if the parties do become stuck and cannot resolve the case outside of Court the parties have to find new attorneys and start the Court process from scratch.
Collaborative law is a process that often incorporates the use of psychologists, financial planners and other outside experts in resolving the terms of the divorce or family case. Similar to mediation, the process also primarily takes place outside the Court system, where both parties, their counsel and the aforementioned experts discuss mutually agreeable terms of divorce. Again, the biggest difference between mediation and the collaborative process is that you cannot go to Court for any reason under the collaborative process.
In any family law situation, the emotional well-being and psychological health of children and parents is important. However, collaborative law is not for everyone or every case. If you are interested in determining whether collaborative law may work for you, contact Attorney Winner to discuss the intricacies of your case.