Collaborative
law is an alternate form of dispute resolution in the family law context. While proponents contend that collaborative
law is both less expensive and more effective than traditional, adversarial
law, it can actually drag out disputes in matters of divorce and child custody, thereby increasing
costs.
The Facts
About Collaborative Law
The first thing
to know about collaborative law is that it is practiced outside of the courtroom. The philosophy underlying this basic fact is
that, by removing contentious issues from the inherently adversarial context of
the courtroom, parties will be more inclined to put aside their differences and
work together to compromise and find mutually agreeable arrangements. However, this does not mean that the parties
are without representation; separate attorneys are still retained by each. After retaining separate legal counsel, the
parties agree to several covenants that express the “let’s work together”
spirit of collaborative law. Among these
covenants are agreements to treat one another with respect, to
fully and honestly disclose all information and documents relevant to the
disputed issues, and to shield any children who are party to the dispute from
any adverse emotional impact. However,
as even proponents concede, these covenants are bound to ring hollow in many
cases.
When
Collaborative Law Is the Wrong Approach
Obviously,
collaborative law, in its essence, is about working together. This can be hugely problematic in the context
of divorce, which, in its essence, is about ceasing togetherness. It follows that collaborative law is at risk
of sometimes being directly at odds with one of its principal aims:
facilitating divorces. Sure, it might
work for the rare pair who can remain amicable through a divorce or child
custody dispute. But what about divorces
in which the marriage has been devastated by infidelity, abuse, radical
differences of opinion in child-rearing styles, or bitter disputes over
finances? It is these scenarios where a
“let’s work together” spirit just isn’t realistic. For those who delude themselves that it is,
the cost can be significant.
The Cost When
A Collaborative Law Approach Fails
While an attempt
to resolve a family law dispute through collaborative law begins outside of the
courtroom, it doesn’t necessarily end that way.
If the parties simply can’t reach an agreement, the collaborative law
process ends, and the dispute shifts to the traditional courtroom setting. Not only that, but the original attorneys are
disqualified from continuing their roles outside of the failed collaborative
attempt. What does this mean for the
parties? You guessed it: more
attorneys. More attorneys translates to
more costs – a reality that is certain to only further sour the dispute, and
potentially make matters even more litigious than they would have been if the
first attempt at settling the dispute was in the courtroom rather than the
collaborative context.
Mediation Is
Still Used In Traditional Family Law
Don’t be fooled
into thinking that collaborative law is the only forum for alternate forms of
dispute resolution. Traditional family
law, too, attempts to settle cases either prior to, or at mediation. Finally, the past is the best indicator of
the future; if you know a spirit of cooperation and compromise simply isn’t
realistic, don’t waste time, money, and stress on an attempt at collaborative
law that is likely doomed from the outset.
Other
Alternatives
Are you considering a divorce?
The family law attorneys at All Family Law Group will work towards
settling your case in amicable manner with your spouse, if feasible. Call or
email All Family Law Group at 813.902.3624 for a consultation at
no charge with an experienced Tampa divorce lawyer to discuss your case.
