At Burke Law Group, PLLC, we are committed to the practice of collaborative law and firmly believe that it is a mutually inclusive process designed to permit divorcing and former spouses, and separated parents of children, to achieve their respective goals without going to court. Collaborative law avoids the adversarial consequences of court that can cause tremendous stress and increase hostility at a time when emotions are already heightened; collaborative practice helps you avoid those traps and permits you to remain in control of the outcome. Due to the nature of the collaborative practice model, it can also greatly reduce legal fees when compared to traditional litigation.
What is collaborative law?
In collaborative law proceedings, you settle your disputes without going to court, through open communication. You and your former partner are both represented by counsel and work to reach mutual agreement regarding such issues as spousal maintenance, child support, and parenting plans. Your collaboratively trained attorneys work with each other (unlike when going the traditional litigation route). Accompanied by your attorney, you meet with the other involved party and his or her attorney, and all issues are discussed and resolved in a controlled and directed meeting environment.
The goal in a collaborative law proceeding is not to "win," but rather to address the issues of most importance to all parties, and your children, in an effort to fulfill the interests of everyone to the maximum extent possible. In other words, we try for a win-win for both parties. The participants control the process and the courts are not involved.
What is the process behind collaborative law?
Both you and your former partner must hire your own collaborative attorney, as we cannot represent both parties. At the 4-way meetings, you can speak with your former spouse directly and be able to consult with your attorney regarding any legal questions. Your attorney will work collaboratively with the other attorney, using their combined legal knowledge and experience to help faciliate a mutually acceptable resolution of the matter, be it a divorce, modification of support, or changes to a parenting plan. With advice from your attorney, you will also have the option of bringing in specialists to assist you in the process including financial specialists, communication facilitators, or child specialists. If you choose to utilize the collaborative law process, all parties will sign a formal agreement that states no one will not go to court during the collaborative process unless otherwise mutally agreed, that everything discussed will be confidential, and that there will be full disclosure of all information and documents that are in any way related to issues to be resolved used the collaborative process.
Why would someone choose a collaborative lawyer over a "regular" litigation divorce attorney?
You do not already have to be on good terms with your current or former spouse or partner in order for a collaborative practice to work; rather you just have to realize and accept that the best method of resolving the issue(s) is for you to remain in control of the final resolution, not a judge. Through communication guided by your legal counsel, you will be able to arrive at a solution that best addresses your concerns and needs, rather than having a judge make that decision without knowing or considering all the information that you feel is needed to make a good decision. Generally, because you avoid the courts and due to the unique structure of the collaborative practice model, the cost can also be substantially less expensive and the process moves much more quickly than traditional litigation. Moreover, collaborative divorce is confidential. Other than initial and final pleading documents, to the extent they are required by statute, there will be no court records available to the public. Thus, you will not establish an extensive record for all to see, which will soon include internet access for the general public.
How do attorneys feel about collaborative law? Why haven't I heard much about it?
The reason collaborative law may be unfamiliar to you is because it is relatively new. Many attorneys and other counselling professionals support the collaborative law process, when compared to the traditional litiagtion method for resolving family law issues. There is substantial research to corroborate this, including a number of readily available resources. In some geographic areas, collaborative practice is starting to become the more common way to handle family law matters, due to the many advantages it offers to spouses, partners, and children over traditional litigation.
Contact a Collaborative Law Attorney Today
Burke Law Group, PLLC invites you to contact our firm if you have any questions regarding collaborative law/dispute resolution or another family law concern.
Free Initial Consultation ● We Accept Major Credit Cards
Burke Law Group, PLLC
7307 N Division Street
Suite 203
Spokane, WA 99208
Phone: 509.466.7770
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.