| Each client is represented by his or her own attorney, who has received specialized training in negotiation, problem solving techniques and cooperative strategies.
 The clients enter into a contract committing to the collaborative law process where negotiated settlement is the primary objective. The contract, called the “Participation Agreement,” specifically excludes the threat of adversarial litigation.
The process begins by understanding and recognizing the needs and hopes of both the husband and wife. Once these interests have been identified, the parties and their attorneys begin gathering necessary information and work on developing options that will achieve a mutually acceptable agreement. Throughout the process, each party has the opportunity to meet privately with their own lawyer and receive independent legal advice; however, the true essence of the Collaborative Law process takes place when the parties meet in joint session with their respective attorneys present. Issues are raised and alternative solutions are openly questioned and discussed. Everyone is expected to participate and to contribute their ideas so that workable solutions can be attained. In a Collaborative Law setting, the attorney’s representation is for the primary purpose of assisting the client in reaching a comprehensive settlement of all issues related to the family law proceeding. In this respect, the attorney’s representation of the client differs in important respects from conventional legal representation.
The Participation Agreement requires the early identification of disputed issues, complete disclosure and an open, honest and voluntary exchange of all information related to the issues. The Collaborative Law process is a respectful, creative effort to meet the legitimate needs of both parties, replacing tactical bargaining backed by threats of litigation.
The Collaborative Law process also provides for the joint selection of auxiliary professionals, such as accountants, appraisers and mental health professionals, when such professionals are needed to resolve specific issues. Information from auxiliary professionals is shared to promote a fair and mutually satisfactory resolution of the case.
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