When two participating attorneys sign the Collaboration Contract
When two participating attorneys sign the Collaboration Contract, the process of ending the clients' marriage is no longer about "the law", the attorneys' ability to argue a position, or a judge's opinion. A successful resolution can only be reached when clients are mutually satisfied with settlement terms they each understand and believe are fair and equitable. This is the essence of the Collaborative Practice. It is about sitting down with our clients at a time in their lives when they are experiencing the harsh failure of a relationship that once held their innermost hopes and dreams and offering them some sense of control. When we sign the Participation Agreement, we are saying to our clients, "You have the power to control the outcome. This is not about the lawyers, not about the judge, not about the expert witness; this is about you and your family and the resolutions you determine to be in your collective best interest. I am here to listen, to advise, and to advocate for your interests. My specialized training and my years of experience in the field of divorce enable me to do this without threatening to inflict further pain with tough litigation practices."
Fear of losing a client in the event of impasse or hesitancy to learn and implement new skills, should not keep a Collaborative Lawyer from enthusiastically offering his or her clients the option of participating in a signed Collaborative case. An attorney or allied professional may be disqualified from litigation, but if he or she is not willing to take that risk, the Collaborative Professional will never have the opportunity of helping a client reach the best possible divorce resolution.
If you have further interest in Collaborative Practice please contact the International Academy of Collaborative Professionals; www.collaborative practice.com.
Key Takeaways
- The Collaborative Process is an alternative to divorce litigation to assist couples suffering from marital dysfunction by reaching a common resolution.
- Collaborative Law is the best way for clients to determine what is "fair" according to their own standards.in terms of their situation. They can take control of the important decisions that will ultimately affect their future.
- Every Collaborative case or situation requires its analysis and will the result will definitely be affected by which professionals are used in the process.
- Clients should feel a calming presence from their lawyer at a time of great turmoil and fear.
