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A Form of Dispute Resolution

Before collaborative law became popular as a procedure for dispute resolution on business, probate, employment, intellectual property and personal injury cases, it was originally a divorce procedure in which the two parties agreed that they would not go to court, or threaten to do so.
In collaborative law, the parties are fully informed about the law and the consequences of various options, and their advocates facilitate the negotiations. Collaborative law is an agreement from the beginning of the dispute not to go to court.
Much like the procedure of collaborative law in other areas, collaborative divorce makes use of a team approach to help the couple make fully-informed, carefully considered, settlement decisions.
When appropriate, the group brings in outside consultants to help resolve the conflict. Typically, this will include, at a minimum, a collaboratively-trained financial specialist.
In Collaborative Divorce, the services of divorce coaches or communications coaches are sometimes used in to help the participants clarify their needs, listen to the other's needs, and stay focused throughout the negotiations, all of which substantially reduce the normal anxiety often experienced in the divorce process and helps allow the co-creation of a resolution.
Depending on local protocols, there may be one or two coaches used in cases in any locality. The coaches focus on supporting the needs of one or both clients; the child specialist and financial specialist are neutral, which saves each party hiring his or her own expert. Check out what the Austin collaborative divorce has to offer about this.
Collaborative law practitioners believe that when court is no longer a good option, non-court methods of reaching settlement are more likely to be pursued. Additionally, when court is not an option, it is believed that many collaborative law attorneys will retool to learn the additional skills that may be needed to resolve disputes without resorting to a third party decision maker. Learn more of this with the Austin collaborative divorce.
One of the most important features of collaborative divorce is a pledge signed by each lawyer to withdraw if either of the parties decides to go to court. Since both lawyers would lose the clients if an agreement is not reached, they have an extra incentive to help their clients to cooperate and find solutions that honor the concerns of both parties. For more information about collaborative divorce and its processes, then visit the Austin collaborative divorce.

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By: christine layug


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