How Does Collaborative Law Work?
01
Voluntary Agreement
The process begins when both parties voluntarily sign a Collaborative Law Participation Agreement. This agreement commits them to resolving their dispute outside of a courtroom, through negotiation.
02
Neutral Experts
The parties and their collaborative attorneys may jointly hire neutral experts, such as financial analysts or child specialists, to help them resolve issues.
03
Confidentialty
Communication made during the collaborative law process is confidential and generally not admissible in court.
04
Disqualification of Attorneys
A key feature of the agreement is that if the process fails and the case proceeds to litigation, the collaborative lawyers are disqualified and the parties must hire new attorneys. This creates a strong incentive for all parties to focus on a negotiated settlement.
05
Judicial Agreement
Once an agreement is reached, it can be submitted to a court for approval, which avoids a contested court proceeding.