What is Collaborative Law?
The collaborative law process is used as an alternative dispute resolution for family law matters. It offers a way for disputes to be handled respectfully to reach mutually beneficial solutions. This process can be used to negotiate the divorce process, child support or custody, and other family law-related issues without litigation. It also provides the same protections as different forms of dispute resolution, but can do so with less stress between involved parties, prevent lengthy court proceedings, and maintain familial relationships.
Why Choose Collaborative Law?
More and more people in Tennessee, when facing family law problems, are choosing the collaborative law process as a better, less adversarial process to reach a settlement that has court approval. Individuals can remain amicable in family law cases that utilize the collaborative law process. It is often more accessible for all involved parties to avoid the headache that long, drawn-out court battles can create. Collaborative law makes it more accessible.
How Does Collaborative Law Work?
The process uses attorneys and other professionals to sort through undecided issues and move forward favorably. It works outside the traditional court system. Each party has an attorney who has collaborative law training.
All parties pledge to resolve all issues respectfully, without going to court. This is the main distinctive feature of collaborative law and mediation, and involves using collaborative lawyers trained in this form of negotiation.
When necessary, your collaborative team may include additional professionals, such as a financial professional, a coach, or a child specialist. Together they work with you towards a collaborative law agreement that satisfies everyone and that all parties sign.
Collaborative Divorce Process
Collaborative divorce is a negotiation process where spouses agree to settle out of court with the help of trained professionals. The agreements are reached, documented, and signed before being submitted for court approval. Collaborative divorce will also include the law process to sort out child support and custody and the separation of assets, among other issues.
The distinctive feature of a collaborative divorce is the willingness of the spouses to sit down together and try to work out their settlement without the presence of a judge. Each of you hires an attorney, and all parties sign documentation regarding the divorce process.
This differs from an uncontested divorce because the attorneys must avoid further representation of their client if the settlement doesn’t work out. This alone will further the spouses’ interests in reaching an agreement that will resolve the situation, as neither wants to hire more legal representation if conflict resolution is not reached.
Starting the Collaborative Law Process in Tennessee
The process will start once both parties have retained a trained collaborative law attorney experienced to help with the agreements that need to be reached. Then a meeting will be scheduled to sign and provide consent for the process. This is very important as the collaborative law process will not move forward unless both parties and their lawyers sign.
Meetings will then be scheduled with you, your family member, and both attorneys. There may be other parties involved as well. The process may involve a financial counselor, child specialist, or even a divorce coach to ensure the best interests of all are met.
The collaborative process continues with meetings where clients communicate their needs and interests, exchange information, explore options for settlement, conduct negotiations and ultimately, reach an agreement.
The lawyers at GSRM Law are experienced collaborative lawyers committed to helping clients achieve their goals.