collaborative process

Weston Florida Collaborative Divorce Attorney

THE COLLABORATIVE PROCESS “IT IS THE POLICY OF THIS STATE TO ENCOURAGE THE PEACEFUL RESOLUTION OF DISPUTES AND THE EARLY RESOLUTION OF PENDING LITIGATION THROUGH A VOLUNTARY SETTLEMENT PROCESS” The above quote is from the Florida Collaborative Law Process Act. It is probably somewhat contrary to what many of you or friends or family have experienced while going through a divorce. Everyone has heard the “horror stories” of endless litigation and exorbitant fees. There is in fact a way to possibly avoid those issues, by using the collaborative process. It is defined as “a unique non adversarial process that preserves a working relationship between the parties and reduces the emotional and financial toll of litigation”. There are some definite rules that must be followed and not every case is suited for the collaborative process.“As part of this non adversarial and voluntary resolution of disputes, lawyers who engage in the collaborative law process in a family law matter, and any other lawyers in that lawyer’s firm,may not afterwards represent any party in any related proceeding except to request that a court approve the settlement reached during the collaborative law process or in specified emergency situations in accordance with family law court rules.” As stated above, if for some reason the collaborative process “breaks down” and litigation becomes the only alternative, the collaborative attorney must withdraw from representing his/her client. Therefore, if the process is not successful, either a new attorney must be retained, or the client can represent his/herself. One attorney cannot represent both parties. In addition, both parties must agree to use the collaborative process. The goal of the...