DIVORCE & PATERNITY MEDIATION

COLLABORATIVE LAW

ATTORNEY REPRESENTATION

Collaborative Pros	Collaborative Cons
• Less Expensive than Trial	• Not Appropriate for Every Case
• Work on your Timeline and your Terms	• Requires Voluntary Participation
• Have an Advocate on your Side	• More Expensive than Mediation
• Opportunity to Work with Mental Health and Financial Experts	• Failed Negotiations will Still End with Court Intervention
• Solve your Disputes Privately	• Giving up Court Protections
• No Wasted Time or Expense in Court
• Negotiate Complicated or Unique Issues Out of Court

Why Collaborative Law?

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Below we have provided answers to many of the common questions that we are asked regarding Collaborative Law. If you would like more information please do not hesitate to call us at 508.655.5980 or e-mail us.

What is Collaborative Law?

Collaborative Law is a form of alternative dispute resolution where both parties in a dispute have their own attorney, but those attorneys agree not to go to Court. The goal of the Collaborative process is to reach agreements through negotiation and to avoid the expensive and emotional experience of Court.

In the context of family law, Collaborative Law can be used to resolve disputes involving divorce, child custody and support, alimony, division of assets, paternity, and actions for modification. The process can also include other professionals such as financial planners and mental health professionals using a team approach to help negotiate and settle disputes.

What is Family Law?

Family Law is the area of the legal practice that addresses the legal needs relating to your family relationships. This includes Adoption, Guardianship (both of adults and minors), Pre-nuptial Agreements, Divorce, Paternity, 209A Restraining Orders, and Post-Judgment litigation such as Modifications (of custody or support) and Complaints for Contempt. When disputes arise relating to any of these types of cases, you can choose to hire either an attorney to represent you individually in court, a mediator to assist both parties in reaching an agreement, or a Collaborative Law attorney to represent you in reaching out of court agreements.

Why should I hire a Collaborative Law attorney?

Hiring a Collaborative Law attorney is a personal decision that should take into consideration the individual facts relating to your case. In some situations, Collaborative Law can be a way to reach an agreeable resolution that costs far less than a divorce trial would. The Colalborative process also provides you with more control over your case by ensuring that your interests and goals are an integral part of the negotiation at every step of the way.

We encourage you to read further about the advantages and disadvantages of Collaborative Law to help you decide whether it would be an appropriate forum for resolving disagreements between you and your spouse regarding how to settle your case.

Who does the Collaborative Law attorney represent?

Unlike a mediator who doesn't represent either party, in Collaborative Law each party has an advocate that advises them regarding their interests specifically. In addition, each party can have their own divorce coach depending on the process the parties choose.

What is a Divorce Coach?

The Collaborative process can include a team approach to divorce which utilizes specialized professionals to assist the attorneys. Attorneys are not trained to deal with mental health issues, which can range from dealing with the loss of a divorce to dealing with mental illness or personality disorders. A Divorce Coach is a mental health professional that participates in the Collaborative process. In some models the Divorce Coach is only called upon when needed, like a therapist. But the trend is towards involving the neutral Divorce Coach (or in some instances two Divorce Coaches, one for each party) in eveyr step of the process.

The Divorce Coach can help the parties deal with their individual emotions that stem from the loss of their marriage, the process of the divorce, and other underlying past issues. In addition, the Divorce Coach can help the parties form a parenting plan and discuss the child related issues in a more constructive manner than the custody/visitation legal context. Sometimes this may also include a Child Specialist, i.e. a mental health professiaonal involved in the case for the sole purpose of helping the parties understand what the children are going through as a result of the divorce, and how to help them.

What are the advantages of Collaborative Law?

Collaborative Law has many advantages over litigation. It is usually far less expensive than going to trial because all of the time spent with your Collaborative Law attorney is spent working towards agreement. When you go to court, much of your attorney's time will be spent on court strategy or on waiting to be heard in Court. Collaborative Law can help you avoid the backlog in the courts, allowing for a more expedient resolution.

In addition to these practical concerns, though, Collaborative Law offers something that the Courts do not offer: the chance to resolve your case on your terms. If you are unable to settle your case in Court a Judge, essentially a stranger who will only meet you for a very limited period of time, will make major decisions about your life. Collaborative Law is your opportunity to make these decisions together. After all, who knows what is better for you than you do.

On a related note, Collaborative Law is also an excellent forum for solving issues unique to divorce that our legal system cannot adequately address. As an example, many couples will litigate who will get custody of the family pets. While most judges are not interested in talking about this, the Collaborative Law process will be able to give an appropriate amount of attention to an issue that the parties may feel is important.

Finally, privacy is an important concern for many of our clients. Court is a public forum. Understandably, many people feel uncomfortable talking about the breakdown of their marriage to a judge in a courtroom full of strangers. Collaborative Law takes place in a more private and comforting environment, where the parties can set their own pace to better accommodate their own emotional and practical needs.

Are there disadvantages of Collaborative Law?

Collaborative Law is not an appropriate forum for coming to a resolution for everyone. For example, when there is a history of abuse between the parties, Collaborative Law often fails because the parties cannot reach the necessary level of trust to mediate their dispute amicably. In Mediation, domestic violence can make resolution impossible, but in Collaborative Law, agreements are still possible becuase the parties both have an advocate. However, the trust issues created by domestic violence can still prevent resolution in many cases.

Even when domestic violence isn't an issue, if the parties are not willing to be forthcoming and praticipate in the process honestly, then Collaborative Law can fail. Reaching agreements in any setting requires at least some level of cooperation and trust, and cases where this cannot be acheived will almost always end in litigation.

Furthermore, there are no guarantees that Collaborative Law will result in an agreement, which could end up costing you more in the long run. You should honestly evaluate whether you and your spouse are willing to participate in an open process before entering into Collaborative Law.

Is there a certification in Massachusetts for Collaborative Law attorneys?

In Massachusetts, there is no certification for Collaborative Law attorneys. There are Collaborative Law trainings, which are recomended by the International Academy of Collaborative Professionals. In addition, Collaborative Law attorneys are still required to comply with all of the ethics rules that already apply to attorneys, including confidentiality and advocacy. Attorney Justin Kelsey has taken a Collaborative Law training approved by the IACP, and has considerable experience in the area of family law.



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