Advantages of the Collaborative Process
1. No Going to Court
Collaboration is done with the entire team meeting in person (or convening remotely) in a safe, respectful, comfortable, and professional atmosphere, where clients feel secure and have the time needed to express themselves and explore viable solutions. Absent are the anxiety, unpredictability, limited opportunity to be heard, and often unfulfilling results of litigating in the court system.
2. Opportunities For Lower Cost
The cost of a Collaborative Divorce is directly the product of the time involved to reach a consensus with your spouse or partner. Generally, Collaborative Law cases result in far lower expenses for professional fees than litigated conflict resolution. And, almost always, settlement is achieved much sooner than in court proceedings where the dockets are overburdened and very few people ever actually get their “day in court”.
3. Protecting And Providing For Children
Collaborative Practice focuses on the needs and best interests of children, seeking to minimize the detrimental impact of divorce and other family conflict. Trained, experienced Collaborative Facilitators, working for both parents, help to uncover common ground about access time with children and to establish equivalent upbringings in their two households.
4. The Time You Need
Collaborative Law gives you as much time as you need, to have your concerns and your interests heard and addressed, to be shown respect, to feel safe, and to understand and come to an agreement, even on difficult issues. Timing is up to the couple, not tied to any court calendar.
5. Working As A Team
In Collaboration, while you each have a lawyer as your advocate, the attorneys work together as part of a team, to find solutions that work for the family. The Collaborative Attorneys of CNYCFLP have all undergone extensive initial and ongoing training in family law settlement and readily join in your commitment to focus on self-determination instead of court-imposed decision making.
6. Experts At The Table
The Collaborative Team includes a specially trained Facilitator who serves as the communication coach for the clients and lawyers, which increases the likelihood of success in short-term and long-term outcomes. Collaborative professionals also include neutral Financial Advisors who provide unbiased information and options when specialized tax, budgeting, and valuation expertise is needed.
7. Greater Control
Collaboration is done with the constant input and approval of the parties. You get to control the timing, subject matter, priorities, and results. There is no agreement until you and your partner agree on all terms: no sooner and no later.
8. Customized Outcomes
Collaborative Separation and Settlement Agreements provide you with greater flexibility and opportunity for customized solutions. Agreements are tailor-made specifically to your family circumstances, with the ability to deviate from stringent legal models and rules that are applied in the courts.
9. Builds Skills You Can Use
The Collaborative Team practices listening and conflict management skills with you, which can enhance the health and success of your future relationship. The professionals constantly strive to help repair the negative communication and interpersonal experiences that may have led to a breakup or divorce in the first place.
10. Keeps You Out Of Court In The Future
The Collaborative Team continues to be available to work with you if issues develop after divorce or separation, rather than turning to litigation for enforcing, updating or modifying the settlement.