1. Collaborative Law is an alternative dispute resolution method aimed at reducing the impact of adversarial litigation on families involved in a divorce.
2. Florida has formally recognized Collaborative Law as a voluntary form of dispute resolution, joining almost half of the states in the US.
3. The Collaborative Law process encourages participants to think holistically and design their own resolution with the assistance of a team of professionals knowledgeable about and committed to the process. 1. A collaborative divorce is a voluntary process with a participation agreement that addresses many issues and is signed by the parties, attorneys, and experts.
2. Parties can enter the collaborative process before or during litigation, allowing them to voluntarily resolve their dispute without court intervention.
3. Communications in the collaborative process are confidential, allowing parties to negotiate freely without fear of their agreements being used as evidence in court.
4. Compared to a typical divorce proceeding, the collaborative process involves voluntary discovery, greater control over the case progression, enhanced confidentiality, shared neutral experts, and extensive communication between participants.
5. Critics argue that the benefits of collaborative law can also be attained in traditional litigation, but the threat of discharge in the collaborative process may incentivize quick and amicable resolutions. – Collaborative law can help preserve strained relationships and provide privacy for the parties involved.
– It may not be appropriate for cases where it is unlikely that a mutually satisfying settlement can be reached.
– Identifying cases and individuals that can succeed in the collaborative process is crucial.
– Those interested in learning more about collaborative law can contact Nicole Goetz at nicole.goetz@henlaw.com or (239) 344-1239.
https://www.henlaw.com/news-insights/contemplating-a-collaborative-divorce/
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