Collaborative Law And You: Changing the Nature of Divorce

In divorce, collusion has always been one of the factors taken into consideration by the courts. Connivance between parties has always been struck down to preserve the institution of marriage.

Family affairs and disputes have always been difficult subjects to meddle in. These deal with issues that touch upon the sensitivities of human emotions, thus, divorces can be challenging.

• What is Collaborative Law?

Dubbed as the future of divorce, collaborative law combines the best aspects of mediation and litigation while preserving the control of the parties over the issue at hand. Collaborative law entails the full participation of the disputing spouses, along with their own lawyers and professionals to reach a full and effective settlement. In such a process, the parties maintain full control over the most sensitive aspects of their marital woes.

In case a settlement is not reached, the counsels during the collaboration may no longer be enlisted as counsels for litigation. This restriction ensures that all parties involved will concentrate on the possibility of an amicable separation with terms acceptable to all. Due to its efficiency and proven success, even well-seasoned Long Island family law attorneys like the Law Offices of Ian S. Mednick would advise such collaboration despite its presently unorthodox process.

• What are the Advantages of Collaborative Law?

The whole process remains private and the sensitive matters are not aired out in public. This allows for a more intimate and pacifist approach between the parties. Going through litigation would most likely make things more complicated. In collaborative processes, the welfare of the members of the family and the terms of their settlement are the top priority.

A credible and seasoned family lawyer who is knowledgeable in the field may also enlist the services of a mental health specialist, a financial analyst as well as a child counselor to make sure that all needs are considered during the collaboration process.