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WHAT IS
COLLABORATIVE FAMILY LAW?
The process of collaborative
family law is a method of resolving the issues involved in divorce
in a less divisive, adversarial and costly way. Although divorce may become inevitable, the high levels of
hostility and destruction to the family do not have to accompany
the process. Litigation
tends to drive the parties, who may already be separated, even
farther apart. It
takes a toll on individual dignity, and often children suffer the
most. One thing most
everyone agrees on is the importance of minimizing the negative
impact of divorce on children and in this regard, there is no
doubt that the collaborative process is highly preferable to
litigation.
Collaborative Family Practice
offers divorcing couples an alternative to the bitterness and
acrimony involved in litigation. Collaborative attorneys work toward settling your case
through a team approach, in a non-adversarial, informal
environment through settlement conferences, discussions, and if
appropriate, mediations. Both parties in the collaborative
process are represented by separate legal collaborative counsel.
The participants agree to voluntarily disclose all relevant
information to each other and to cooperatively resolve all issues
outside of litigation.
When the husband and wife and
their respective attorneys commit to proceed on a
“collaborative” basis and the case does not settle, both
attorneys must withdraw from the case, once they have assisted
their clients in finding new counsel. This agreement to
withdraw, which is part of a written
Participation Agreement,
eliminates the tendency of attorneys using the threat of
litigation as leverage. In a collaborative case, the
attorneys are highly motivated to settle or they are off the case;
the alternative of dragging a case through protracted litigation
and building up attorneys fees is not an option.
This is contrasted with litigation
where attorneys spend their time, and your money, fighting,
intensifying the conflict, and preparing for trial. The
collaborative process encourages a creative, time-saving and
cost-effective resolution of all issues. While a marriage may be
ending, the collaborative law process recognizes that
relationships and obligations often continue, especially when
children are involved. This
process helps all family members move forward in a positive way,
rather than dwelling on the past.
Over the last several years Enid Miller Ponn has completed
multiple trainings and workshops in collaborative family law,
and the majority of her practice is dedicated to this process.
See www.collaborativefamilylawfl.com and
www.collaborativepractice.com
for more information
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