Legal News & Views

Collaborative Law: A Different Way to Divorce ¹
by Linda Markowitz , Esq. c 2006

I have begun practicing a new form of alternative dispute resolution in the family law matrimonial law area known as “Collaborative Law”. Collaborative Law is based upon three principles: a pledge not to go to court, an agreement to provide an honest exchange of information to each other regarding the finances of the parties, a solution that takes into account the highest priorities of both spouses and their children. The essence of Collaborative Law is the shared belief of collaborative attorneys and their clients that it is in the best interests of the parties and their family to commit themselves to resolving their differences with minimal conflict and outside of a court proceeding.

Collaborative Law differs from mediation in that in a Collaborative Law setting each party is represented by counsel of his or her own choosing. This gives each party a separate voice “at the table” and confidence that his or her interests are being protected. At the same time, the parties are encouraged to work honestly, cooperatively, and practically to create a settlement that is a “win-win” solution for everyone, a solution that meets the legitimate needs of the parties and the needs of their children.

The cornerstone of the practice of Collaborative Law is that the parties and their respective attorneys sign a Participation Agreement which provides, among other things, that the parties agree not to go to court and if either party breaches that agreement, neither of the attorneys may represent the parties in any divorce action. Thus, the parties and their attorneys are highly motivated to resolve the issues in an amicable manner.

n order for an attorney to join the Collaborative Law groups of which I am a member, I have taken a 40-hour mediation training and a two-day training in Collaborative Law. I have already taken several advanced trainings in Collaborative Law in order to sharpen my skills.

More information and a list of Collaborative Law attorneys in the area, trained and experienced in resolving family and matrimonial matters, is available at www.collaborativelawny.com and www.collaborativelaw-ny.org. Additional information can be obtained from the International Academy of Collaborative Professionals at www.collaborativepractice.com.

We hope this has been helpful. If any of our attorneys can be of additional assistance, please do not hesitate to call, 914.347.1292. Home consultations may be available upon request.

1 The information provided in this article is not intended to be specific legal advice or to be followed without individualized, professional guidance and assistance. All information given pertains only to New York State law, unless the article specifically states otherwise. The information given is only current as of the date it is written. Despite our best efforts to update articles as the laws change, it is possible that some of the information might not be current. Therefore, please note the date on all articles, and watch for others which are more current.

 

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