What Is Collaborative Practice?
Collaborative practice is a way for people to resolve their own disputes in an open and respectful manner, by reaching a mutually acceptable settlement out of court. The parties retain collaborative professionals such as attorneys, financial consultants and mental health professionals, who agree to work cooperatively to gather and share all information needed to reach an agreement. The parties and their collaborative attorneys agree that they will not go to court to ask a judge to resolve their dispute for them during the collaborative process This way, parties are empowered to keep the decision-making power in their hands instead of an arbitrary judge.
Voluntary Out-Of-Court Process For You And Your Spouse To Resolve The Legal And Emotional Issues Of Your Divorce
Here are some of the reasons why the collaborative divorce process may be right for you and your family:
- You do not have to go to court
- Generally less costly than a litigated divorce
- Generally quicker than a litigated divorce
- You control the outcome, not a judge
- Sensitive to the needs of your children
- Working creatively and cooperatively toward resolution with professionals
- Learn how to effectively communicate for the benefit of your children
- A non-adversarial approach to dispute resolution
Collaborative practice combines the positive qualities of litigation and mediation. As in litigation, each party has an independent attorney who will provide quality legal advice and will assist in advocating their client’s interests. Drawing from mediation, the parties and their collaborative attorneys commit to both an open information gathering process and a resolution without going to court. In addition, the parties can agree to engage other professionals such as child specialists, financial specialists, collaborative coaches, vocational counselors or other neutral consultants to provide parties with specialized assistance. The parties acknowledge that the best result for each of them will occur when they reach the best result for the entire family.
Contact Our Firm
To work with Law Offices of Jimin Oh, contact our Bay Area office at 408-256-2871. You can also reach us online. We offer free initial consultation.