Wilson Family Law LLC, 667 Shunpike Road, Suite 5, Chatham, NJ 07928
Collaborative Divorce
New Jersey Family Collaborative Law is another form of dispute resolution available to divorcing parties. It is a great alternative to litigation and is a very good option for parties trying to contain the costs of getting divorced. It is a cooperative process in which both parties and their collaborative lawyers agree at the onset not to seek court intervention (i.e., sue each other).
The crux of collaborative law is that by removing the threat of going to court, parties interact more openly and efficiently and realize results far more quickly. The parties must agree to negotiate in good faith and to be fully forthcoming and transparent. Each spouse must retain a collaboratively trained lawyer and must sign a Participation Agreement. Family Collaborative Law is a great alternative to the costly route of litigation and is a good choice for those not comfortable mediating on their own. While the collaborative law model has been used for several years by trained practitioners, some parties were hesitant to engage in the process because it had not been widely publicized to the general public as a viable option.
How does it work? At the first meeting, the attorneys and the parties identify the issues particular to their divorce or custody matter. Once the issues are identified, an agenda and schedule are created that will serve as the framework going forward, understanding that either can be modified at any time to meet the needs of the parties. Also to be determined is whether there is a need for other collaboratively trained professionals such as divorce coaches, child specialists, business valuation experts, or financial specialists. These professionals are neutral (hired by both parties) and will bring objective opinions and services to the collaborative process. Each divorce is unique. Collaboratively trained attorneys can easily identify whether and which neutrals are needed to move the process along without driving up costs.