Hudson River Valley Collaborative Law Attorneys

Collaborative law is a form of alternative dispute resolution. This means it is an alternative to going to court. Collaborative law is a method of settling matrimonial and family law disputes with lawyers dedicated to settling and not litigating. The settlement should be in the best interests of the parties and their children. Rather than have the court impose a settlement after a trial, the parties work towards a resolution custom-tailored to their needs and wants.

To discuss whether collaborative law is an appropriate vehicle for you and your spouse to reach a fair and reasonable New York divorce settlement or child custody agreement, contact McCormack & Phillips in Nyack by phone or by e-mail to schedule a consultation.

How Collaborative Law Works?

Parties to the collaborative law process (typically, soon-to-be-divorced spouses), with the aid of trained collaborative law attorneys, work towards a settlement in an atmosphere of cooperation and trust. The parties and their attorneys each sign a written agreement (the participation agreement) that they will not go to court. If a party breaks this agreement, neither attorney can represent their client in litigation, nor can anyone from their firm. Basically, both attorneys have a vested interest in reaching a settlement.

Advantages of Collaborative Law

The process ensures that the parties focus on their needs and mutually advantageous solutions rather than accusations, recriminations, and verbal tirades. Through cooperation and mediation, the parties learn the forgotten art of communication, a lesson that will serve them well as long as they have mutual interests, such as their children. Collaborative law requires that each party be open and honest, giving full disclosure voluntarily. The discussions take place in four-way conferences (the two parties and the two attorneys) and the parties deal with real issues and work on novel and mutually advantageous solutions to the common problems (such as equitable distribution of assets) that are inherent in all matrimonial actions.

Unpleasant Aspects of Divorce That Collaborative Law Avoids

Gone are the threats of trial, the posturing, the “stonewalling,” the expensive appeals to the court, the appearances before a judge for status conferences in courtrooms full of strangers. Most collaborative law cases are settled in six to ten weeks. Both the financial and emotional costs to the parties are substantially reduced. The issues that the parties believe important are fully addressed and generally resolved in a mutually satisfaction way.

Who Benefits from Collaborative Law?

While collaborative law is certainly not for everyone, it is far better for those who value the emotional health and stability of their children as well as themselves. The parties learn to communicate with each other in such a way as future postdivorce problems can be dealt with without the help of the attorneys. Is it important to be able to attend those milestones in your children’s lives without fearing that your former spouse will be there too? Is it important to you that your children's emotional well-being is protected throughout during the divorce process? Is it important to you that you have real input into the final solution to your matrimonial action? Is it important that you achieve your ultimate goal as economically as possible? Is it important to you that no one knows about your divorce or the issues involved?

If all or any of these things appear to be important to you, call us and ask us about the benefits of collaborative law.