Collaborative Law

     Collaborative law is a process whereby both parties and counsel commit themselves to resolving their differences justly and equitably without resort, or threat of resort, to the courts.  It has become the preferred method of family law dispute resolution in many areas in the U.S. and Canada because the process is more humane and promotes post divorce spiritual, psychological and financial health of the restructured family.  Collaborative Law relies on an atmosphere of honesty, integrity, cooperation and professionalism geared toward future well-being of the family.  The parties engage in informal discussions and conferences to settle all issues. 
    The process is based on Interest Based Negotiating, a method developed in the 1980's by some really smart guys at Harvard.  Meetings are structured, complete with agendas, minutes and communication guidelines at a minimum. The goal is to create the best possible settlement, defined as the one that meets the most needs for each party  and their children.
    Allied professionals such as communication facilitators, (usually from the mental health field), financial planners, and appraisers are brought into the process as needed and with agreement of all. Collaborative Law requires each party and each attorney to take a reasoned position on all issues.  Where such positions differ, all participants use their best efforts to create proposals that meet the fundamental needs of both parties and, if necessary, to compromise to reach a settlement of all issues.   
    If the parties are unable to resolve their case through the process and opt for court resolution, the attorneys must withdraw and new.

    People ask me if I can do the work for both parties. Collaborative Law requires that both parties have an attorney, so it is not a process where you can get it done with just one attorney (Actually, no process is, although sometimes you only have one person represented, just not in Collaborative Law).

For more information and frequently asked questions, please see the Client Handbook, published by the American Bar Association.

For more information and a list of trained attorneys in Tarrant County,  see the Collaborative Lawyers of Tarrant County web site.  In choosing an attorney for Collaborative Law, ask the attorney about their experience with cases, how many trainings they have had and how recent the last one was.  The Collaborative approach to dispute resolution is new and one training a year and a half ago cannot impart the needed skill set to "collaborate" with expertise.  Also ask the attorney if they use a communication facilitator on almost every case.  If they, don't, they might not be experienced enough for you.

Sample Participation Agreement

For the  Collaborative Law Institute of Texas.
For the International Association of Collaborative Professionals