THE COLLABORATIVE LAW PROCESS
Collaborative law is a cooperative, voluntary conflict resolution vehicle for couples going through a separation, dissolution or other family law matter. At Brodzki Jacobs & Brook, our trained, collaborative attorneys are avid proponents of this alternative process for families in transition. The participants, which include both the attorneys and the couple, acknowledge that the essence of “collaborative law” is the shared belief that it is in the best interests of the couple and their families in family law matters to commit themselves to avoiding adversarial proceedings — particularly litigation — and instead to work together to create shared solutions to the issues presented by the couple. The goal of collaborative law is to minimize, if not eliminate, the negative economic, social and emotional consequences of litigation to families. Choosing collaborative law requires a commitment to resolving differences justly and equitably.
NO COURT OR OTHER INTERVENTION
Collaborative law requires a commitment to settling the issues involved without court intervention. Participants must agree to give full, honest and open disclosure of all information, whether requested or not. Participants must agree to engage in informal discussions and conferences to settle all issues.
There is no guarantee that the process will be successful in resolving a dispute. The collaborative process cannot eliminate concerns about the disharmony, distrust and irreconcilable differences which have led to the current conflict. Although the participants are committed to reaching a shared solution, each party is still expected to identify and assert his or her respective interests and the couple’s respective attorneys will help each of them do so. Our attorneys at Brodzki Jacobs & Brook work hard to ensure that every client is zealously represented while encouraged to work out the issues in the collaborative process.
PARTICIPATION WITH INTEGRITY
Participants must commit to protecting the privacy, respect and dignity of all involved, including couple, attorneys and consultants. Each participant must commit to maintaining a high standard of integrity; specifically, participants shall not take advantage of the other participants, or of the miscalculations or inadvertent mistakes of others, but shall identify and correct them. This principle of collaborative law is in alignment with the core values of Brodzki Jacobs & Brook. Integrity is the cornerstone of everything we do.
EXPERTS AND CONSULTANTS
Sometimes the input of outside experts such as accountants, appraisers and therapists might be needed to assist the participants in reaching creative and informed solutions. If any such experts are needed, they will be retained jointly. All such experts and other consultants retained in the collaborative process shall be directed to work in a cooperative effort to resolve issues.
In resolving issues about sharing the enjoyment of and responsibility for children, the parents, attorneys and therapists shall make every effort to reach amicable solutions that promote the children’s best interests. Parents will act quickly to resolve differences related to the children and to promote a caring, loving and involved relationship between the children and both parents. Every effort will be made to insulate children from involvement in the parents’ disputes.
NEGOTIATION IN GOOD FAITH
The process, even with full and honest disclosure, will involve vigorous good faith negotiation. Each participant will be expected to take a reasoned position in all disputes. Where such positions differ, each participant will use his or her best efforts to create proposals that meet the fundamental needs of members of the couple, couple, participants, etc. and if necessary to compromise to reach a settlement of all issues. Although participants may discuss the likely outcome of a litigated result, none will use threats of litigation or of abandoning the collaborative process as a way of forcing settlement.
The attorneys’ role is to provide an organized framework that will make it easier for the members of the couple, couple, participants, etc. to reach an agreement on each issue. The attorneys will help the couple communicate with each other, identify the issues, ask questions, make observations, suggest options, help them express needs, goals and feelings, check the workability of proposed solutions and prepare and file all written paperwork for the court. The attorneys and the members of the couple, couple, participants, etc. shall work together to reach a solution which serves the needs of members of the couple, couple, participants, etc. The collaborative process requires parity of payment to each attorney. The couple will make funds available for this purpose. Each attorney is independent from the other attorneys in the collaborative group, and has been retained by only one party in the collaborative process.
ABUSE OF THE COLLABORATIVE PROCESS
A collaborative law attorney will withdraw from a case as soon as possible upon learning that his or her client has withheld or misrepresented information or otherwise acted so as to undermine or take unfair advantage of the collaborative law process. Examples of such violations of the process are: the secret disposition of community, quasi-community or separate property; failing to disclose the existence or the true nature of assets and/or obligations; failure to participate in the spirit of the collaborative process; abusing the minor children of the couple or planning to flee the jurisdiction of the court with the children.
DISQUALIFICATION BY COURT INTERVENTION
An attorney’s representation in the collaborative process is limited to that process. No attorney representing a party in the collaborative process can ever represent that party in court in a proceeding against the other spouse. In the event a court filing is unavoidable, both attorneys are disqualified from representing either client. In the event that the collaborative law process terminates, all consultants will be disqualified as witnesses and their work product will be inadmissible as evidence.