C. E. Borman & Associates

Collaborative Law

Collaborative family law is a process to resolve family disputes WITHOUT court intervention.  Collaborative family law allows the parties, and the parties alone, to create a meaningful, cooperative, resolution to divorce issues involving child custody, child support, possession and access, property division and debt allocation through interest based negotiation focusing on client goals, needs and priorities, which would otherwise not be addresssed in a one-size-fits-all court of law.

	Litigation can be:	Collaborative Law is:
	Destructive	Creative
	Adversarial	Cooperative
	Critical	Encouraging
	Attorney dominated	Client driven
	Evidentiary constrained	Communicative
	Secretive	Open
	Court imposed	Client determined
	Mysterious	Explained
	Historically oriented	Future oriented
.	Arbitrary	Case specific

Principles and Guidelines of Collaborative Law

Negotiation through cooperative rather than adversarial strategies.

Practice of law through problem-solving negotiations in which the parties are proactive, seek to understand and to be understood.

Parties are responsible for the action and the outcome.

Parties develop common ground rather than focus on differences.

Parties seek to understand the other party's interests and concerns allowing creative solutions to emerge.

Parties seek an enduring solution.  Each strives for resolution each can accept and support.

The parties and attorneys work as a team.  Attorneys model an attitude of cooperation and respect.

Role of Attorneys

Advise clients of the law that applies to their circumstances.

Model for their clients a commitment to honesty, dignified behavior and mutual respect.

Attorneys guide their clients through a process of "cooperative conflict" where disagreement between the parties is used for the productive purpose of finding creative solutions.

Attorneys model the ability to hear and understand (active listening) what is important to the opposing party so that the interests of both parties are promoted.  Represent clients interests while validating the other party's interests.

Attorneys bring stability and reason to emotionally charged situations and are agents of reality for unreasonable clients.  Attorneys use clear, neutral language in speaking and writing.

Attorneys cooperate to provide all necessary disclosure and discovery.

Attorneys remain committed to settlement despite impasse and refrain from using adversarial techniques or tactics.  Court involvement is not an option for resolution.

Attorneys are committed to finding effective ways to assist parties in reaching agreement and over coming impasses (e.g. mediation, neutral experts, neutral attorneys to provide a third opinion).

Neither attorney prepares or files any documents with the Court without the mutual agreement of all parties.

Role of the Clients

Take responsibility for the outcome of the issues that are unresolved.

Adhere to the principles and guidelines of the collaborative approach.

Follow the process suggestions developed by your attorneys.

Treat the process needs of your spouse with respect.

Explore differences in perspective, interests and desired outcomes rather than react to them.

Look for bargaining value in the interests desired by the other.

Let go of past frustrations in order to have a clear view of future possibilities.

Collaborative Process Principles

1.  Both parties and their attorneys agree at the beginning of the case not to go to court to resolve their disputes.

2.  The lawyers, through their training, experience, expertise and creativity, along with the clients, work to acheive a workable long-term solution that satisfies the interests of the clients.

3.  If children are involved, the welfare of the children is paramount.

4.  Collaborative lawyers practice in a way to minimize or mitigate imbalances of power.

5.  Information is disclosed voluntarily and experts are agreed to in advance and used by both parties (neutral experts).

6.  Benefits to the client include (hopefully):

      A.  Clients have opportunity to maximize options and outcomes

      B.  Hammer of litigation is off the table

      C.  Relative to litigation, community estate pays less for attorney's fees and costs.

7.  Let the lawyers tell clients about the specifics including the attorney withdrawing if collaborative process breaks down.

No one ever WANTS to NEED a lawyer, but when YOU do, we will be here with straight talk and honest advice.  ALWAYS.