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Collaborative Law FAQs --
Frequently Asked Questions
by Arlene C. Richman, Esq.

1. What is Collaborative Law?

2. How does Collaborative Law differ from other methods of dispute resolution?

3. What are the differences between the other methods of dispute resolution and Collaborative Law?

4. How is information gathered in Collaborative Law?

5. How do the parties and attorneys work together?

6. Does it work to have everyone together in the same room in the middle of a divorce?

7. Must an agreement be reached in Collaborative Law?

8. If the parties reach an agreement through Collaborative Law, what happens next?

9. What happens if a settlement cannot be reached?

10. Why is it necessary for the Collaborative attorney to withdraw if an agreement is not reached?

11. Who should consider Collaborative Law?

12. What do I do if I want to use Collaborative Law?

Q: What is Collaborative Law?

A: Collaborative Law is a method of resolving your legal dispute in which both parties retain a collaborative attorney whose job is to assist them in reaching a mutually agreeable resolution. The parties and attorneys agree to work respectfully and in good faith to gather all information needed to reach an agreement. The parties and attorneys agree that they will not go to court during the time they are working towards settlement. If they are unable to reach an agreement, the attorneys withdraw and other attorneys take the dispute to court. RETURN TO TOP

Q: How does Collaborative Law differ from other methods of dispute resolution?

A: In the traditional legal approach, both parties retain attorneys whose focus is to prepare a picture of "reality" which will result in the best decision for their client by a judge. Often, this method includes denigrating the other party or his/her perception of reality. Trial is often compared to a battle, in which the best side "wins." In some circumstances, litigation is the only option. For example, if the other party consistently hides information or is abusive, the formal procedures utilized in litigation may be the tools necessary to obtain an acceptable solution.

In mediation, a neutral professional assists the parties settle the dispute. Generally, the parties agree that all information will be shared and that they are seeking a "win-win" solution. The mediator does not represent either party and the parties do not go to court. The mediator attempts to get a resolution from an adversarial proceeding. In collaborative law, the parties work together with their attorneys to achieve the desired result. RETURN TO TOP

Q: What are the differences between the other methods of dispute resolution and Collaborative Law?

A: Collaborative Law combines the positive qualities of litigation and mediation. Just as in litigation, each party has an independent attorney who will give them quality legal advice and will advocate for their needs. Drawing from mediation, the parties and attorneys commit to an open information gathering process and a commitment to settle without going to court. RETURN TO TOP

Q: How is information gathered in Collaborative Law?

A: The parties do not engage in expensive legal procedures to obtain information. The parties and attorneys agree from the beginning that they will produce all necessary information and documents voluntarily and in a timely fashion. Hiding documents or unnecessarily delays are not permitted. If a party is not acting in good faith and "hides the ball", it is the duty of the attorney to work with the client to change his or her behavior and to withdraw if the behavior continues. RETURN TO TOP

Q: How do the parties and attorneys work together?

A: After the initial meetings with their own attorneys, the typical process is to start the case with a 4-way conference - the parties and attorneys meet together to discuss the issues, make any necessary interim arrangements regarding children or finances, and to plan for information gathering. The 4-way conferences continue to be utilized to exchange and clarify information and to brainstorm possible options for resolution. The attorneys work together and with their clients to plan each meeting. The parties and attorneys focus on educating everyone regarding the underlying information, each party's interests and possible solutions. Out of this process, a settlement which meets the approval of both parties can be fashioned. RETURN TO TOP

Q: Does it work to have everyone together in the same room in the middle of a divorce?

A: The job of the collaborative attorneys is to "set the tone" for positive communication. Spouses in a divorce are often feeling vulnerable and emotional and can be less aware of how their pattern of communication can cause problems. The attorneys help each client to present his or her interests and needs in a positive manner that will be heard by the other spouse. Meeting together can help everyone to be "on the same page", which ultimately facilitates reaching an agreement. The focus of the meetings is on finding a solution, not attacking each other. RETURN TO TOP

Q: Must an agreement be reached in Collaborative Law?

A: No. Both parties must agree to the solution. Neither party is forced to accept a solution that does not meet his or her interests and needs. Both parties understand that the goal is to fashion a solution that comes as close as possible to a "win-win" agreement, while recognizing that they won't receive everything on their "wish list." RETURN TO TOP

Q: If the parties reach an agreement through Collaborative Law, what happens next?

A: The attorneys will draft the necessary legal documents and pleadings to memorialize the parties' agreement. This paperwork is then submitted to the court for approval. A court hearing is required only to obtain a final judgment incorporating the agreement. RETURN TO TOP

Q: What happens if a settlement cannot be reached?

A: If the parties cannot reach an agreement, the parties can explore other options for settlement - mediation, arbitration, neutral case evaluation. If court hearings are required, the Collaborative attorneys withdraw and each party retains a new attorney for trial. The Collaborative attorney will transfer the information gathered and will provide information to the trial attorney. RETURN TO TOP

Q: Why is it necessary for the Collaborative attorney to withdraw if an agreement is not reached?

A: Attorneys are trained to approach cases with the underlying understanding that a court will make the ultimate decision. Cases are analyzed with this foundation and are settled with the backdrop being "what will happen if we go to court." Court can often become a weapon or threat that derails rather than moves the parties to settlement. Since settlement has not been the focus from the very beginning, cases often do not settle until the parties are "at the courthouse steps, after incurring substantial attorney's fees and depleting their emotional resources.

The agreement by both the parties and attorneys that the collaborative attorney will not go to court focuses everyone on creative means of settling the case in a way that is acceptable to both parties. The tendency to "drift" to court as the default decision-making method is reduced. In addition, attorneys who excel at settlement do not always have the same level of trial skills and vice versa. Parties who have a collaborative attorney for settlement and a new attorney for trial have had the best of both approaches. RETURN TO TOP

Q: Who should consider Collaborative Law?

A: Collaborative Law works best for parties who wish to settle without going to court and are willing to commit to a good faith effort to do so. In Collaborative Law, you maintain control over your decision making rather than letting a judge decide. You can also control the amount of information that becomes a part of the public record (normally, the entire divorce file is open to the public, including any allegations made by either party in obtaining temporary orders or at trial.)

Divorcing spouses often have continuing relationships with each other, as co-parents or through their circle of friends and relatives. Collaborative law will increase the possibility of maintaining a civil or even cordial relationship with your spouse after the divorce.

You should also consider Collaborative Law if you wish to dramatically reduce your legal fees. A divorce that goes through the entire legal process including a trial can cost from $20,000 and up. The formal legal procedures take much more attorney time (and your money) than the informal process used in Collaborative Law. The focus on settlement moves the case to resolution faster than the typical court-directed case, which also reduces your fees. RETURN TO TOP

Q: What do I do if I want to use Collaborative Law?

Macci and Kates Florida family Law Appeals -- all Florida courts

A: You will need to find a Collaborative Law attorney whom you can trust to provide you with both quality legal advice and the skills needed to work towards a settlement. You can discuss with the attorney the ways of approaching your spouse about collaborative law, which can include you discussing the idea with him or her, your attorney contacting your spouse, or your attorney discussing it with your spouse's attorney, if she or he has retained one. RETURN TO TOP

Arlene Richman is an attorney practicing collaborative law and family law in South Florida since 1987. She is a certified family law mediator.

Information on this website should not be taken as legal advice. Laws change, situations differ, and there may be exceptions to general rules. Except as otherwise may be provided, this website and contents are © 2009 Collaborative Lawyers, Inc. Collaborative Lawyers, Inc., is a state-wide educational and professional development association and business directory of independent Florida licensed attorneys at law and law firms who practice in the areas of collaborative divorce and collaborative family law. It is not a law firm or attorney referral organization.

Collaborative Lawyers Southeast Florida attorneys serve South Florida, including Dade County, Broward County, and Palm Beach County, and the cities of Miami, Pembroke Pines, Hallandale, Hollywood, Fort Lauderdale, Pompano Beach, Palm Beach, West Palm Beach, Boynton Beach, Deerfield Beach, Delray Beach, Lauderhill, Lauderdale Lakes, Coral Springs, Weston, Parkland, Tamarac, Plantation, Sunrise, Miami Lakes, Miami Shores.


	© 2009 Arlene C. Richman, Esq. http://www.collaborativelawflorida.com/ Collaborative Law FAQs -- Frequently Asked Questions by Arlene C. Richman, Esq. 1. What is Collaborative Law? 2. How does Collaborative Law differ from other methods of dispute resolution? 3. What are the differences between the other methods of dispute resolution and Collaborative Law? 4. How is information gathered in Collaborative Law? 5. How do the parties and attorneys work together? 6. Does it work to have everyone together in the same room in the middle of a divorce? 7. Must an agreement be reached in Collaborative Law? 8. If the parties reach an agreement through Collaborative Law, what happens next? 9. What happens if a settlement cannot be reached? 10. Why is it necessary for the Collaborative attorney to withdraw if an agreement is not reached? 11. Who should consider Collaborative Law? 12. What do I do if I want to use Collaborative Law? Q: What is Collaborative Law? A: Collaborative Law is a method of resolving your legal dispute in which both parties retain a collaborative attorney whose job is to assist them in reaching a mutually agreeable resolution. The parties and attorneys agree to work respectfully and in good faith to gather all information needed to reach an agreement. The parties and attorneys agree that they will not go to court during the time they are working towards settlement. If they are unable to reach an agreement, the attorneys withdraw and other attorneys take the dispute to court. RETURN TO TOP Q: How does Collaborative Law differ from other methods of dispute resolution? A: In the traditional legal approach, both parties retain attorneys whose focus is to prepare a picture of "reality" which will result in the best decision for their client by a judge. Often, this method includes denigrating the other party or his/her perception of reality. Trial is often compared to a battle, in which the best side "wins." In some circumstances, litigation is the only option. For example, if the other party consistently hides information or is abusive, the formal procedures utilized in litigation may be the tools necessary to obtain an acceptable solution. In mediation, a neutral professional assists the parties settle the dispute. Generally, the parties agree that all information will be shared and that they are seeking a "win-win" solution. The mediator does not represent either party and the parties do not go to court. The mediator attempts to get a resolution from an adversarial proceeding. In collaborative law, the parties work together with their attorneys to achieve the desired result. RETURN TO TOP Q: What are the differences between the other methods of dispute resolution and Collaborative Law? A: Collaborative Law combines the positive qualities of litigation and mediation. Just as in litigation, each party has an independent attorney who will give them quality legal advice and will advocate for their needs. Drawing from mediation, the parties and attorneys commit to an open information gathering process and a commitment to settle without going to court. RETURN TO TOP Q: How is information gathered in Collaborative Law? A: The parties do not engage in expensive legal procedures to obtain information. The parties and attorneys agree from the beginning that they will produce all necessary information and documents voluntarily and in a timely fashion. Hiding documents or unnecessarily delays are not permitted. If a party is not acting in good faith and "hides the ball", it is the duty of the attorney to work with the client to change his or her behavior and to withdraw if the behavior continues. RETURN TO TOP Q: How do the parties and attorneys work together? A: After the initial meetings with their own attorneys, the typical process is to start the case with a 4-way conference - the parties and attorneys meet together to discuss the issues, make any necessary interim arrangements regarding children or finances, and to plan for information gathering. The 4-way conferences continue to be utilized to exchange and clarify information and to brainstorm possible options for resolution. The attorneys work together and with their clients to plan each meeting. The parties and attorneys focus on educating everyone regarding the underlying information, each party's interests and possible solutions. Out of this process, a settlement which meets the approval of both parties can be fashioned. RETURN TO TOP Q: Does it work to have everyone together in the same room in the middle of a divorce? A: The job of the collaborative attorneys is to "set the tone" for positive communication. Spouses in a divorce are often feeling vulnerable and emotional and can be less aware of how their pattern of communication can cause problems. The attorneys help each client to present his or her interests and needs in a positive manner that will be heard by the other spouse. Meeting together can help everyone to be "on the same page", which ultimately facilitates reaching an agreement. The focus of the meetings is on finding a solution, not attacking each other. RETURN TO TOP Q: Must an agreement be reached in Collaborative Law? A: No. Both parties must agree to the solution. Neither party is forced to accept a solution that does not meet his or her interests and needs. Both parties understand that the goal is to fashion a solution that comes as close as possible to a "win-win" agreement, while recognizing that they won't receive everything on their "wish list." RETURN TO TOP Q: If the parties reach an agreement through Collaborative Law, what happens next? A: The attorneys will draft the necessary legal documents and pleadings to memorialize the parties' agreement. This paperwork is then submitted to the court for approval. A court hearing is required only to obtain a final judgment incorporating the agreement. RETURN TO TOP Q: What happens if a settlement cannot be reached? A: If the parties cannot reach an agreement, the parties can explore other options for settlement - mediation, arbitration, neutral case evaluation. If court hearings are required, the Collaborative attorneys withdraw and each party retains a new attorney for trial. The Collaborative attorney will transfer the information gathered and will provide information to the trial attorney. RETURN TO TOP Q: Why is it necessary for the Collaborative attorney to withdraw if an agreement is not reached? A: Attorneys are trained to approach cases with the underlying understanding that a court will make the ultimate decision. Cases are analyzed with this foundation and are settled with the backdrop being "what will happen if we go to court." Court can often become a weapon or threat that derails rather than moves the parties to settlement. Since settlement has not been the focus from the very beginning, cases often do not settle until the parties are "at the courthouse steps, after incurring substantial attorney's fees and depleting their emotional resources. The agreement by both the parties and attorneys that the collaborative attorney will not go to court focuses everyone on creative means of settling the case in a way that is acceptable to both parties. The tendency to "drift" to court as the default decision-making method is reduced. In addition, attorneys who excel at settlement do not always have the same level of trial skills and vice versa. Parties who have a collaborative attorney for settlement and a new attorney for trial have had the best of both approaches. RETURN TO TOP Q: Who should consider Collaborative Law? A: Collaborative Law works best for parties who wish to settle without going to court and are willing to commit to a good faith effort to do so. In Collaborative Law, you maintain control over your decision making rather than letting a judge decide. You can also control the amount of information that becomes a part of the public record (normally, the entire divorce file is open to the public, including any allegations made by either party in obtaining temporary orders or at trial.) Divorcing spouses often have continuing relationships with each other, as co-parents or through their circle of friends and relatives. Collaborative law will increase the possibility of maintaining a civil or even cordial relationship with your spouse after the divorce. You should also consider Collaborative Law if you wish to dramatically reduce your legal fees. A divorce that goes through the entire legal process including a trial can cost from $20,000 and up. The formal legal procedures take much more attorney time (and your money) than the informal process used in Collaborative Law. The focus on settlement moves the case to resolution faster than the typical court-directed case, which also reduces your fees. RETURN TO TOP Q: What do I do if I want to use Collaborative Law? A: You will need to find a Collaborative Law attorney whom you can trust to provide you with both quality legal advice and the skills needed to work towards a settlement. You can discuss with the attorney the ways of approaching your spouse about collaborative law, which can include you discussing the idea with him or her, your attorney contacting your spouse, or your attorney discussing it with your spouse's attorney, if she or he has retained one. RETURN TO TOP Arlene Richman is an attorney practicing collaborative law and family law in South Florida since 1987. She is a certified family law mediator. Information on this website should not be taken as legal advice. Laws change, situations differ, and there may be exceptions to general rules. Except as otherwise may be provided, this website and contents are © 2009 Collaborative Lawyers, Inc. Collaborative Lawyers, Inc., is a state-wide educational and professional development association and business directory of independent Florida licensed attorneys at law and law firms who practice in the areas of collaborative divorce and collaborative family law. It is not a law firm or attorney referral organization. Collaborative Lawyers Southeast Florida attorneys serve South Florida, including Dade County, Broward County, and Palm Beach County, and the cities of Miami, Pembroke Pines, Hallandale, Hollywood, Fort Lauderdale, Pompano Beach, Palm Beach, West Palm Beach, Boynton Beach, Deerfield Beach, Delray Beach, Lauderhill, Lauderdale Lakes, Coral Springs, Weston, Parkland, Tamarac, Plantation, Sunrise, Miami Lakes, Miami Shores.