Collaborative Practice is a dispute resolution process in which spouses and
their attorneys work together cooperatively to negotiate fair settlements
without going to court. It is designed to provide the benefits of attorney
assistance while avoiding the negative atmosphere of litigation. The
focus is on constructive problem solving rather than adversarial bargaining
and court imposed solutions. The major goal is to maximize settlement
options for the spouses and their children, and to minimize or eliminate
the negative economic, social and emotional consequences of litigation.
Collaborative Practice uses informal discussions and conferences attended
by both spouses and their attorneys to settle all issues. It requires
that both spouses, with the assistance of their attorneys, provide all
pertinent documents and information relating to the issues to be settled.
It encourages the use of jointly retained experts where specialized
knowledge or expertise is needed on particular issues. Both spouses
and attorneys are required to work together toward a shared resolution
which recognizes the rights and accommodates the needs of each spouse
and any children. If for any reason either spouse decides to go to court,
both parties must release their Collaborative attorneys and hire new
counsel for litigation.
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