This is an advertisement.
What is Collaborative Practice?
Collaborative Practice is a non-adversarial alternative to court. Through the collaborative process, attorneys, financial professionals and therapists who have received special collaborative training work together as a team to assist families who voluntarily choose to resolve their legal disputes without court. In a collaborative case, each client has an independent attorney, each trained in collaborative practice. Typically, a neutral financial professional and a neutral mental health professional referred to as a “coach” are also part of the collaborative team. When helpful, a second mental health professional serves as a “child specialist” on the team.
Litigation can be financially and emotionally devastating and can seriously undermine communication and cooperation between family members. The animosity, hurt, and mistrust triggered by the court process can prove to be especially crippling for couples with children who must work together as parents long after the court battles are over. Also, due to the public nature of most family court proceedings, the privacy of families before the court is compromised, and depending on the complexity of the issues involved, the process can take months or even years.
Fortunately for families, fighting in court is not the only path to resolution.
HOW IT WORKS
Rather than going to court, a collaborative case is resolved through a series of team meetings that typically occur at the attorneys’ offices. At the beginning of the process, both clients and all team members sign a “Participation Agreement.” Clients and team members agree not to take the case court, to use good faith efforts in negotiating and to fully disclose all information in a willing and timely manner. A critical component of the “Participation Agreement” is that if either party decides to go to court, thereby abandoning the collaborative process, the professional team members terminate their roles. In other words, the clients have to hire new attorneys, new financial experts and possibly new mental health professionals if either party takes the case to court.
Typically, the collaborative process begins by one or both parties contacting an attorney trained in collaborative practice. The Southern Kentucky Collaborative Professionals maintains a directory of their members at kyrespectfuldivorce.com . Other professionals advertise collaborative practice on their websites. At the initial meeting, the attorney should discuss with the client all available options to resolving existing disputes, including traditional litigation, mediation and collaborative practice so the client is fully aware of the differences and can make a voluntary and informed decision about whether the collaborative approach is best for the client.
Litigation can be financially and emotionally devastating and can seriously undermine communication and cooperation between family members. The animosity, hurt, and mistrust triggered by the court process can prove to be especially crippling for couples with children who must work together as parents long after the court battles are over. Also, due to the public nature of most family court proceedings, the privacy of families before the court is compromised, and depending on the complexity of the issues involved, the process can take months or even years.
Fortunately for families, fighting in court is not the only path to resolution.
HOW IT WORKS
Rather than going to court, a collaborative case is resolved through a series of team meetings that typically occur at the attorneys’ offices. At the beginning of the process, both clients and all team members sign a “Participation Agreement.” Clients and team members agree not to take the case court, to use good faith efforts in negotiating and to fully disclose all information in a willing and timely manner. A critical component of the “Participation Agreement” is that if either party decides to go to court, thereby abandoning the collaborative process, the professional team members terminate their roles. In other words, the clients have to hire new attorneys, new financial experts and possibly new mental health professionals if either party takes the case to court.
Typically, the collaborative process begins by one or both parties contacting an attorney trained in collaborative practice. The Southern Kentucky Collaborative Professionals maintains a directory of their members at kyrespectfuldivorce.com . Other professionals advertise collaborative practice on their websites. At the initial meeting, the attorney should discuss with the client all available options to resolving existing disputes, including traditional litigation, mediation and collaborative practice so the client is fully aware of the differences and can make a voluntary and informed decision about whether the collaborative approach is best for the client.
This is an advertisement. The information you obtain from this site is not legal advice or tax advice.
You should consult an attorney and/or tax professional for advice about your own situation.
You should consult an attorney and/or tax professional for advice about your own situation.