Family disputes do not have to be resolved through high-drama court battles. However, you may think that litigation is the only solution to family law issues because that is what today’s media shows you. But the reality is that there are alternative methods of conflict resolution.
One of them that doesn’t get featured as much in the media is collaborative law. It is vital to learn about collaborative law and how it works. This will make it easier to decide if it is a good method to use. Read this post to the end for all you need to know about this method.
What Is Collaborative Law?
It will be a good idea to start by explaining exactly what we mean by collaborative law. You will find it easier to understand the rest of this post if you can define collaborative law.
So, what is meant by collaborative law?
Collaborative law in simple terms is a conflict resolution method. It is mainly used to solve family legal disputes but in a much different way from other methods. While litigation and arbitration are popular, collaborative law offers much more benefits than these methods.
This method stands out because it advocates for a less adversarial approach to conflict resolution. It encourages the parties in a tussle to sit down and let dialogue prevail. It isn’t all about one party winning when using this method, instead, it is a way to make sure everyone is happy in the end.
There’s no doubt that this method is worth using to resolve conflicts. Nonetheless, you will find it easier to decide whether or not it will work for you if you speak to experts.
There are collaborative law lawyers out there who can provide the insight you need to do this. Lawyers who practice collaborative law are taught practical, family-friendly strategies for respectfully assisting clients in prioritizing and advocating for their needs.
Finding one and working with them will make things easier for you. These lawyers will also work as guides throughout the process. Furthermore, they’ll ensure you get the best outcome from it.
How Collaborative Law Works?
There are several unique things that you must learn about this method. One of the most critical is how it works. Collaborative law doesn’t work like any other conflict resolution method you can use. There are many things that set it apart and make it a better option for families.
The two main people involved here are two attorneys, one for each side. Additionally, depending on the nature of the conflict, a financial advisor and a mental health expert might be involved. However, unlike the lawyers, these are neutral parties who do not work for a specific party.
This method mostly helps resolve family law issues. This means things like separation, child custody, and divorce are involved. A financial expert can help resolve financial issues. A mental health expert helps ensure everyone’s mental wellness throughout this process.
Once an agreement is reached, the collaborative lawyers involved have to sign a contract. It is this contract that indicates the way forward after the conflict. Both parties have to agree to it before appending signatures. If there’s no solution, the parties can try any of the other methods.
But, it is a good idea to learn how you can get the best outcome from collaborative law. One thing that will determine the results is the type of collaborative lawyers you work with. It is vital to work with someone who understands collaborative law well to streamline the process.
Advantages of Collaborative Law
There are many benefits that you can get from collaborative law. This section will look into some of them to help you decide if collaborative law is worth considering in your case.
Here are the benefits of collaborative law:
There is more flexibility when it comes to collaborative law. You will easily resolve the dispute in a few days instead of waiting for several weeks or months in court.
We mentioned that you can involve financial and mental health experts when using this method. The immense support these professionals offer can be helpful to both parties.
Your privacy might be compromised if you resolve family issues in court. You can avoid this by using collaborative law, which helps keep everything private.
The fact that there’s no judge involved in this process gives the parties control. You do not have someone else deciding for you; instead, you find the solutions yourselves.
You can preserve your good relationships when using collaborative law. This then makes it easier to co-parent even after you resolve the dispute.
You can resolve your issues at home when using this method. Thus, there isn’t much paperwork to fill out, and this informality can make the process less stressful.
These are some of the ways you can benefit from using collaborative law. Nonetheless, it takes a good lawyer to get these benefits as we already stated. Thus, it will be helpful to spend much of your time identifying a lawyer. Look at their experience to ensure you find the best.
Disadvantages of Collaborative Law
Although collaborative law has its advantages, it is worth noting that there are downsides to it. This section will explore some of the disadvantages of collaborative law and in turn,make it easier for you to make the final decision on whether to adopt this method or not.
- Financial disagreements: Sometimes it can be tricky to agree on who pays the cost of the process. It is vital to talk about this earlier to avoid any disputes when it comes to paying.
There aren’t as many disadvantages to collaborative law. In fact, financial disagreements are also quite rare. If you want to avoid them, then use marital assets to pay the cost of the process. Or, the earning spouse can offer to pay these costs to avoid any further conflicts.
You now know everything there is about collaborative law and how it can be helpful. What’s left is to start leveraging it to resolve family legal disputes. This method stands out due to the fact that it is less adversarial and uses a more cooperative approach to legal disputes.
We have looked into how collaborative practice works. You also now know the benefits it can bring to your dispute resolution. With collaborative law, you resolve issues without breaking family relationships. It makes it easier to maintain good relations as you resolve issues and even after they are resolved.