The Collaborative Law Process Act: The Future Is Now

In 2016, Florida passed a law called the Collaborative Law Process Act that allows families to work together to solve their problems without going to court. This helps everyone involved to communicate better and find solutions that work for everyone. The Florida Supreme Court is still working on the rules for how this process will work. In 1990, a lawyer in Minnesota came up with a new way for couples to get divorced without going to court. The idea was for each person to hire their own lawyer and work together to reach an agreement, without the threat of going to court. This process, called collaborative law, has since grown and is now used in many places around the world. The key difference is that if the collaborative process doesn’t work out, the lawyers can’t represent their clients in court, so they have a big incentive to help the couples find a solution. The collaborative process is a way for people to work out their differences outside of court. They meet with their lawyers and other professionals to talk about their issues and come up with solutions. They don’t have to go through the court system for things like finding information or scheduling meetings. They also discuss how they will pay the professionals who are helping them. This way of working together can save time and money for everyone involved. During the collaborative divorce process, meetings are recorded and agreements are signed by the parties. The process is private, except in cases of harm or crime. A mental health professional may help address emotional and parenting issues, saving the parties money in the long run. The parties and professionals in the collaborative process usually meet in the same room to discuss their issues and work towards a resolution. However, if there are safety concerns or past abusive behavior, meetings can be structured differently. The professionals show the parties how to work through their differences respectfully. The goal is to teach the parties to solve their own problems without going to court. The process is private, and no one else knows what’s going on unless the parties decide to file a court case. This means that family issues are kept private. In collaborative cases, the professionals involved include attorneys, who work together as a team to help both clients resolve their issues. They focus on communication and negotiation rather than just fighting against each other. The goal is to create the best possible future for the whole family, especially the children. A mental health professional or facilitator helps parents going through a divorce to communicate well and focus on what’s best for their kids. They don’t provide therapy, but they can refer someone to a therapist if needed. Sometimes, each parent has their own coach to help them with the emotional parts of the process, and there might be a special person to help with difficult issues involving the kids. When couples have complicated financial issues or one person knows more about their money, a neutral financial professional like a certified public accountant or financial planner helps them understand their finances and divide their assets and debts. They don’t make decisions for the couple, but provide information for them and their attorneys to use in negotiations. The couple may also use other experts like property appraisers and educational specialists, but only neutral experts are used in this process to save money. Collaborative law is a different way for lawyers to work together to help their clients solve problems. Instead of fighting against each other, the lawyers work as a team with other professionals to show the clients how to resolve their differences respectfully. This can help reduce the need for further court battles, which saves time and money. In 2009, a set of laws was created to make collaborative law the same in all states, so there are consistent rules for how it works. The Florida Legislature passed the Collaborative Law Process Act, which was signed into law by Gov. Rick Scott. The purpose of the act is to encourage peaceful resolution of disputes and early settlement of legal issues without going to court. The process involves each party having their own lawyer and signing a participation agreement. The goal is to reduce the emotional and financial toll of litigation. F.S. §61.57 lays out how the collaborative process starts, ends, and can be stopped. When parties sign an agreement, the collaboration begins, even if they are already in court. If the collaboration breaks down, their attorneys can’t represent them in court. Participating in collaboration is voluntary, and a court can’t force it on someone. However, it can put the case on hold while the parties try to collaborate. If a party decides to go to court instead, or if their attorney leaves and they don’t find a new one within 30 days, the collaboration ends. But if both parties agree on a court order and want to keep collaborating, the process can continue. The collaborative process in Florida is usually confidential, which means that what is said and done during the process is private. This is to encourage everyone to be honest and open when working towards an agreement. However, there are some situations where the confidentiality may not apply, like when there is a crime involved or when a child is being abused. The rules for the collaborative process are still being finalized by the Florida Supreme Court. In the 1980s, I switched from working on business legal cases to family legal cases. I realized traditional litigation wasn’t the best way to help families, so I found a better way called the collaborative process. In this process, professionals act with respect and the goal is to help families find the best solution. I use my counseling skills and feel happier at work. Other lawyers who have tried this process feel the same way. I encourage everyone to give it a try, because I promise you’ll enjoy practicing law more. Robert Merlin is a lawyer who specializes in family law and works in Coral Gables. He is certified by the Florida Bar and the Florida Supreme Court to handle family law cases. He teaches other professionals about the collaborative process and was involved in creating laws and rules for it in Florida. This information comes from a report by the Family Court Steering Committee.

Source: https://www.floridabar.org/the-florida-bar-journal/the-collaborative-law-process-act-the-future-is-now/