{ COLLABORATIVE LAW { SHIFT+CONTROL } } “What is a Collaborative Law Attorney? Quite simply, we are Family Law and Matrimonial attorneys who know that there is a better way for couples to separate and divorce.”
completing the legal work at hand and achieving a better outcome, lowering overall cost. How does Collaborative Law work? In Collaborative Law, all negotiations take place in private conferences between parties and their attorneys, and any neutrals that are involved. Each party has their own attorney with them to provide legal advice and advocacy during negotiations. Both attorneys are committed to guiding the parties toward a reasonable settlement. Because no one, neither the parties and nor the attorneys, can go to court or threaten to go to court, settlement is the only goal. The parties are encouraged and helped to communicate their real needs and interests. Through safe and focused discussions, each of the parties is encouraged to recognize the needs of their children and the needs and interests of the other party. Unlike the court-based process, parties can be creative in their settlements, they can look “outside the box” and design the outcome that meets their needs. How is Collaborative Law different from a traditional approach to divorce? The traditional divorce process, “litigation”, is the most common approach to divorce. Litigation is defined as “the act, process, or practice of settling a dispute in a court of law”. Litigation involves each party hiring an attorney to represent him/ her. That attorney takes control of the situation and zealously advocates for his/her client. That means they 334
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are required to try to position their client to get an outcome that they have determined is “best” for the client based on their experience in court. The litigating attorney must be continuously preparing the case to be presented in court. Although, many litigated cases are resolved before a trial, “going to court” or threatening to do so, is used as a tool to get people to settle. Once a case goes to court, or court is threatened, things can get very adversarial and nasty very quickly. Negotiation and compromise are not the priority, and the new priority is to “win” and “defeat” the other party. The judge who knows very little about you and your family will be making the final decisions about your children, your property, and your money. The court is bound to decide the case based on the law which my not be the best outcome for the family. There is a very big risk to taking the case to court and often times neither party gets what they want. CHOOSING COLLABORATIVE LAWWhen you choose Collaborative Law, you are entering a process where everyone makes a commitment to stay out of court and to be respectful to one another allowing a personal and often creative resolution of the conflict and a durable Settlement Agreement. The priorities are to: • Negotiate a mutually acceptable
settlement without having the court decide sensitive family issues. • Maintain open communication and information sharing in a confidential setting. • Create shared solutions that acknowledge everyone’s highest priorities. Collaborative Law helps you to move from your life together to your new life as separate individuals. Your children’s needs will be the priority. Children thrive when divorcing parents have reduced conflict and respect each other as partners in raising their children. You will be confident that you chose the right way to divorce, and you will be knowledgeable and invested in the final outcome of the process, your Settlement Agreement. Choose wisely, choose Collaborative Law when you are face with Separation and Divorce. FOR MORE INFORMATION OR A FREE CONSULTATION Reach out to Julie Mersereau by Phone at 585-377-5487 or Email: julie@ jmersereaulaw.com, or visit my website at jmersereaulaw.com More information can be found at the Collaborative Law Association of the Rochester Area website: nycollaborativepractice.com or the International Academy of Collaborative Professionals website: collaborativepractice.com
