Understanding the Collaborative Process
January 29, 2016 by West Coast ADR
It may seem like every divorce must involve some kind of argument or court battle, but this is not the case. Whether you are already divorcing amicably or want to try to avoid the contention and strife common with traditional divorces, collaborative law may be a good fit for your legal needs.
One of the basic tenants of the collaborative process is the participation agreement. This is the document that all parties must sign, and it is an agreement to be completely honest in disclosing information and providing documentation as well as an agreement that neither side will pursue litigation. However, this does not mean that lawyers will not be involved. Even in the collaborative process, it is important for each party to have his or her own legal representation who can look out for his or her rights and interests.
Once the agreement has been signed, the parties work together to determine what is best in coming to a settlement. If a settlement agreement is reached, it is signed by everyone involved and finalized by the family courts. If it becomes clear that an agreement is not possible, the case moves on to the courts. It is important to note here that in the latter situation, both parties must also obtain new legal representation before moving forward.
Divorce doesn’t have to be a fight. If you’re interested in collaborative law, mediation or arbitration as a way to handle your divorce proceedings, talking with a lawyer is the first step. At West Coast ADR Law Group, we can help you understand the pros and cons of each option and which one may be best for your specific set of circumstances.
It may seem like every divorce must involve some kind of argument or court battle, but this is not the case. Whether you are already divorcing amicably or want to try to avoid the contention and strife common with traditional divorces, collaborative law may be a good fit for your legal needs.
One of the basic tenants of the collaborative process is the participation agreement. This is the document that all parties must sign, and it is an agreement to be completely honest in disclosing information and providing documentation as well as an agreement that neither side will pursue litigation. However, this does not mean that lawyers will not be involved. Even in the collaborative process, it is important for each party to have his or her own legal representation who can look out for his or her rights and interests.
Once the agreement has been signed, the parties work together to determine what is best in coming to a settlement. If a settlement agreement is reached, it is signed by everyone involved and finalized by the family courts. If it becomes clear that an agreement is not possible, the case moves on to the courts. It is important to note here that in the latter situation, both parties must also obtain new legal representation before moving forward.
Divorce doesn’t have to be a fight. If you’re interested in collaborative law, mediation or arbitration as a way to handle your divorce proceedings, talking with a lawyer is the first step. At West Coast ADR Law Group, we can help you understand the pros and cons of each option and which one may be best for your specific set of circumstances.