FREQUENTLY ASKED QUESTIONS > COLLABORATIVE FAMILY LAW >
What is Collaborative Law?
Collaborative law is a legal process where the attorneys for the parties in a family dispute agree to assist them in resolving the conflict by using cooperative strategies rather than adversarial techniques and litigation. Early nonadversarial participation by the attorneys allows them to use attributes of good lawyering not greatly utilized in the usual adversarial proceedings, namely use of analysis and reasoning to solve problems, generation of options and creation of a positive context for settlement.
Why would I ever need a Collaborative Lawyer? Isnt just using a mediator(s) good enough?
The answers is it depends. Them mediators have to have the same working knowledge of the Utah codes and statutes and are trained to ensure that neither person paints themselves into a corner. Most of the very toughest cases that have the most conflict and complexity are able to reach agreements by using mediators only. The biggest reason for using a collaborative attorney is to help either person feel more comfortable with the process. If a person is not able to negotiate for themselves or they feel that the mediator might not be able to prevent manipulation or intimindation tactics then the use of a collaborative lawyer can be very effective.
Why should we consider retaining collaborative family lawyers at Common Ground?
This process is generally less costly than litigation.
You are a vital part of the settlement team (consisting of both parties and both attorneys).
You are each supported by your lawyers and yet you work cooperatively with your spouse and his/her lawyer in resolving your issues.
The process is much less fear and anxiety producing than utilizing Court proceedings or the threat of such proceedings.
Everyone can focus on settlement without the imminent threat of "going to Court."
The possibility exists that the participants can create a climate that facilitates "win-win" settlements.
The proceeding is much less time consuming. It can be finalized within a short time following the parties reaching agreement, rather than getting bogged down for many months waiting for a court date.
You control the proceedings - your destiny is in your hands rather than in the hands of a third party (the courts)
How do collaborative Lawyers Work?
While no two cases or collaborative lawyers are alike, the emphasis in the approach is to find a way in which the lawyers can work with the parties that will achieve a satisfactory settlement in an efficient, cooperative manner. This will include "four-way" settlement conferences where the parties meet with their collaborative lawyers to work on settlements.
Basically, however, your collaborative lawyers are committed to finding ways to achieve settlement that will work best in your case. Their philosophy is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trail.
What happens if a settlement cannot be reached?
In the event the parties are unable to arrive at a settlement through the collaborative- law approach, the collaborative lawyers withdraw from the case and the parties are free to retain trial attorneys to pursue their matter in Court. The result is that the parties will have had the best representation for each phase of their proceeding.
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