Collaborative law: A friendly divorce remedy for PA families

February 15, 2013

Collaborative law: A friendly divorce remedy for PA families

Article provided by Bentley Law Offices, P.C.
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Divorces are an unfortunate reality that many Pennsylvania families are facing. Given the often hostile nature of divorce proceedings, it is imperative for the process to be as amicable as possible. Recent developments have been made in the realm of family law that is making the divorce process less painful for the parties involved. Once such technique is the emergence of collaborative law.

Collaborative Law

Collaborative law is a voluntary dispute resolution process, typically used in family law negotiations. In collaborative law, the involved parties agree to mutually resolve the disputed issues. The process of collaborative law consists of three main elements: the voluntary exchange of information, the agreement not to litigate, and a commitment to respect the goals of each party

Collaborative law can be used in various types of family law practice areas, such as divorces, child custody and child support decisions. Not only does the collaborative process reduce tension and anxiety, but it also allows the parties themselves to make the decision, rather than a judge or other third-party.

Collaborative divorces

Collaborative law is especially useful for divorces. Although mediation is an option available to separating couples, the collaborative approach provides additional support.

Collaborative divorces are a team-based approach, where each spouse has its own collaboratively trained employee. Moreover, the spouses have the option of calling in other specialists, such as mental health professionals or financial advisor, to assist in ending the union in a mutual and respective manner.

As compared to conventional divorces and mediation

The collaborative process uses a non-adversarial approach, through which the respective lawyers agree in writing to not go to court. Consequently, the lawyers negotiate in good faith and worth together to achieve a mutual agreement, outside of court.

Collaborative law allows the negotiations to occur in an environment that is less hostile than that of a conventional divorce. Because both parties agree to respect the other party's goals, the level of tension is drastically decreased. The main principle of collaborative law is respect. According to the International Academy of Collaborative Professionals, "the respectful tone encourages you to show compassion, understanding, and cooperation."

Moreover, unlike in a conventional divorce, the collaborative process allows the parties themselves to make the decision, thereby generating a result that is more practical and beneficial to each party.

Being an emotionally charged situation, the process of a conventional divorce can be intensified by litigation. Divorce litigation generates fear and anxiety, especially when children are involved. Through the collaborative process, the parties are able to avoid many emotion provoking situations that could lead to further trauma.

Ensuring a peaceful future

The collaborative process is a great way to ensure a peaceful transition. Not only does the collaborative process promote respect and peace during the actual negotiations, but it also supports the ultimate goal of a smooth transition into the next chapter of your life. If you or a loved one is involved in a family law dispute, contact an experienced collaborative law attorney who can help discuss possible options that will help ensure a smooth transition.