A comment I received to my last post inspired this one. A Texas lawyer, Dick Price, wrote about collaborative law.
While not yet popular in Mississippi, collaborative law is a process by which the parties (frequently divorcing couples), use a series of meetings to come to a fair and mutually acceptable outcome. To have a collaborative divorce, both spouses (and the lawyers) must sign a participation agreement. The key points of the agreement state:
- The lawyers will not litigate the case. If the process fails, and litigation is the only recourse, the original lawyers must withdraw and the parties must retain new lawyers;
- Neither party will take advantage of mistakes by the other side;
- The parties will freely disclose all pertinent information and will not hide any material facts;
- What is said in the settlement meetings remains confidential;
- All experts will be neutral, and hired jointly by both parties and their children; and
- Everyone will behave courteously and in good faith.
As you can see, this appears much different that what most people think of when they think of a divorce. Many experts consider the first provision, the so-called “disqualification” provision to be the key to collaborative law. By not allowing the original lawyers to litigate the case, it takes away any real or perceived incentive for the lawyers to sabotage negotiations. Instead, it aligns the lawyer’s interests with the client’s.
Collaborative divorce is similar to using mediation in a divorce. However, in mediation, the parties can decide to stop negotiating and proceed to litigation. Additionally, mediation uses a third-party, a mediator, to facilitate negotiations while collaborative law depends on the parties’ attorneys to facilitated.
There are no formal training programs in collaborative law recognized by any of the state bars. However, there are various independent organizations, such as the International Academy of Collaborative Professionals that offer training to professionals who want to learn more about the collaborative law process.
Related posts:
- Getting Un-Divorced Did you know in Mississippi, it’s possible to get “un-divorced?”...
- Do You Really Want a Mean Lawyer? Today, Dick Price, a lawyer in Fort Worth, Texas who...
- How to Hire a Divorce Lawyer That’s Right For You Today, I welcome a friend of mine from the Boston...
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This sounds like a more civil alternative to the regular divorce process. It seems to be a lot easier and less messy. Thank you for this post!
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