The Workings of Collaborative Law and Its Top Ten Benefits

 Posted on May 03, 2022 in Divorce

 Collaborative Law is a newer and growing Alternative Dispute Resolution (ADR) model that avoids litigation. Divorce lawyers of both parties agree to resolve divorce issues out of the courtroom. Unlike traditional divorce proceedings, a collaborative divorce removes the litigation battle's emotionally and financially taxing threat. These legal process advocates for an amicable, respectful, and dignified divorce proceeding.

How Collaborative Divorce Law Works

Collaborative law divorce attorneys are specially trained in practicing this type of dispute resolution. The contesting parties must be willing to participate in the collaborative divorce law process. After each party retains a collaborative law lawyer, they voluntarily sign a participation agreement that obligates them to follow the collaborative divorce law procedure. Collaborative law values problem-solving and promotes a fair and thoughtful settlement. Financial experts, a divorce coach, therapists, and other specialists might be hired to help facilitate a satisfying divorce decree.

Collaborative divorce law accommodates both parties, focusing on the needs and best interests of the children and entire family. This type of divorce remains private.  Each party cooperates and participates in establishing their own agreements. When a settlement is agreed upon, the collaborative law attorneys compose the agreements and present them to the judge for finalization. 

Ten Benefits of a Collaborative Law

Resolving your divorce through collaborative law has many benefits, including:

• The negotiations and settlements are agreed upon harmoniously and with deference as the parties work together. A collaborative law divorce supports the parties’ transition to be smooth and without acrimony.
• Collaborative law fosters open and honest dialogue between each party. Communication begets enduring and fair settlements.
• Rather than a judge declaring a final decision, each party is authorized to create their own agreement. Together with their collaboratively-trained lawyers, the parties negotiate their divorce decree.
• The parties share expenses if experts, like therapists and accountants, are required during the collaboration.
• Children are more protected throughout a collaborative law divorce. They have a voice, and their needs are met first. 
• Unbiased custody agreements and parenting time are established, promoting cordial co-parenting.
• The divorce proceedings and decree details are private and kept from public record.
• With collaborative law, the parties can expedite the divorce.
• Collaborative law divorces are often less expensive than a litigated divorce.
• Sustaining a collaborative law divorce increases the probability that the parties will remain out of court in the future.

Contact a DuPage County Collaborative Law Lawyer

At Pesce Law Group P.C., we are specially trained Collaborative Law Lawyers sensitive to the needs of families transitioning into divorce.  If you desire an amicable, peaceful, and fair divorce, a collaborative law divorce is a good fit. With our collaborative law skills, we help minimize contention and help create a lasting divorce agreement. For a free consultation, contact a Naperville collaborative law attorney at 630-352-2240.   

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3804&ChapterID=59

https://www.isba.org/committees/women/newsletter/2008/01/collaborativedivorce