The Collaborative Process

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The Collaborative Process

By Evan H. Baron, Esq.

It is the policy of this state to encourage the peaceful resolution of disputes and the early resolution of pending litigation through a voluntary settlement process” The above quote is from the Florida Collaborative Law Process Act. It is probably somewhat contrary to what many 786-325-4340of you or your friends or family have experienced while going through a divorce. Everyone has heard the “horror stories” of endless litigation and exorbitant fees. There is in fact a way to Direct Line possibly avoid those issues, by using the collaborative process. It is defined as “a unique nonadversarial process that preserves a working relationship between the parties and reduces the emotional and financial toll of litigation”. Call Denise Caligiuri for Advertising Info There are some definite rules that must be followed and not every case is suited for the collaborative process. in Miami's Community Newspapers “As part of this nonadversarial and voluntary resolution of disputes, lawyers who engage in the collaborative law process in a family law matter, and any other lawyers in that lawyer’s firm, may not afterwards represent any party in any related proceeding except to request that a court approve the settlement reached during the collaborative law process or in specified emergency situations in accordance with family law court rules.” As stated above, if for some reason the collaborative process “breaks down” and litigation becomes the only alternative, the collaborative attorney must withdraw from representing his/her 2/19/20 10:32 AM Copyright ©2020 PuzzleJunction.comSolutionTHE ANSWERS client. Therefore, if the process is not successful, either a new attorney must be retained, or the client can represent his/herself. One attorney cannot represent both parties. In addition, both parties must agree to use the collaborative process. FI FE ER R CANE The goal of the collaborative process is for both parties and LO RY OT OE PA N TR CADE SEA OD ES TA T BO WS MO RT AR AP LI AN AS T PE R EW E their respective attorneys to act as a team and not as adversaries. In most instances, there are other “team members” such as accountants, financial advisers, or mental health professionals. The “team” schedules meetings with all parties present. An agenda is prepared and the “team” attempts to move forward to resolve all the issues that are involved. This is a process and EG OS FO R AC RE therefore the parties should be prepared to have these “team DU O SAP TR EY S meetings” on more than one occasion. EE RI ER AI MS All parties must sign a written agreement before the process SC RI BE SO T begins stating each client’s intent to resolve the dissolution AR TS AG E DI VA through the collaborative process, each party’s acceptance that LI EU GO T IT EM they shall make timely, full, and candid informal disclosure of ED GE OR S PY RE information without formal discovery and their understanding 8951 237 64 that if either party initiates a proceeding in court, the process shall terminate and the attorney’s involved cannot continue their 2136 745 89 representation. 7468 592 31 Attorneys are now required to advise prospective clients about the collaborative process. Although there is no actual certification 3 8 1 9 4 5 6 2 7 an attorney can obtain to be declared a “Collaborative Attorney”, there are attorneys who have been trained in the process. As in 6792 381 45 all matters of law, experience and training are always beneficial 4527 168 93 to a client. If you or anyone you know is interested in the Collaborative 5 6 8 4 9 7 3 1 2 Process, please give my office a call. 9273 614 58 ⊲The law firm of Evan H. Baron and Associates is located at 1655 North 1345 829 76 Commerce Parkway, Suite 201, in Weston. If you have any questions concerning this issue or any other family law matter, call the office at 954-385-9160.