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Frequently Asked Questions about Collaborative Law

Q: What is collaborative law?

A: Collaborative law originated in Minnesota as a way to remove a matter from the adversarial court process to allow the parties to reach a settlement cooperatively. The parties commit to work toward a resolution and each retains their own attorney. If the matter cannot be resolved through the collaborative law process and the case must go to court, the attorneys must withdraw from representation and each party must hire new counsel.

Q: Is the collaborative law approach used in areas besides family law?

A: Yes, in many areas of the country collaborative groups are developing processes to be used in other areas of the law such as business disputes, probate, environmental, personal injury, employment and corporate law.

Many folks who find themselves at the brink of a legal problem think twice before entering the fray because they realize how lengthy, expensive and damaging a lawsuit can become. If you are one of those folks, consulting with an attorney experienced in Collaborative Law can help you decide how to proceed.

For over 16 years, Syracuse family law attorney Patricia L. DeRue has been helping couples achieve their goals in divorce and move on with their lives.

Collaborative family law is the approach chosen by a growing number of couples who want to avoid the time, expense and nastiness that often comes with contentious litigated divorce. Why let a judge who doesn’t know you decide how you will handle your lives when there is an option that gives you that control? If you’re interested in learning more about the collaborative law approach, contact New York lawyer Patricia DeRue to schedule a initial consultation.

Attorney Patricia L. DeRue serves individuals and families in Syracuse and Onondaga County, Cayuga County, Madison County, Oswego County, and Cortland County including Onondaga, Lysander, Galen, Wampsville, Oswego, Cortland, Auburn, Pompey, Cicero, Salina, Minoa, Van Buren, Manlius, Clay, Sullivan, Montezuma, Constantia, Brookfield, Cazenovia, Elbridge and Skaneateles.

Law Office of Patricia L. DeRue, Esq.
731 James Street
Syracuse, NY 13203
Phone 315-472-2440 | Fax 315-410-0095

Collaborative Law - An Overview

Lawsuits can be time-consuming and expensive, and can take an emotional toll on all of those involved. While the formalities of the traditional adversarial process may be necessary to protect the parties' interests in some cases, the parties can save themselves time, money and stress if they are willing to work together in the collaborative law process. If you believe your legal situation can best be resolved collaboratively, contact an attorney experienced in collaborative law to discuss your matter. He or she can review your case and help you determine the best way to seek resolution.

Collaborative Divorce

The most significant developments in collaborative law have been in the family law arena. In fact, many people talking about "collaborative law" are actually referring to collaborative divorce.

Collaborative Law Practice Areas

While collaborative law is most commonly used to resolve family law issues, the use of the method is expanding into more practice areas - most notably in the areas of employment law, business disputes and probate.

The Development of Collaborative Law

Processes similar to collaborative law have been around a long time. In fact, the processes lawyers use in criminal law, juvenile law and child protective services have their roots in practices that incorporate many of the principles now enshrined in collaborative law.

The Comprehensive Law Movement

Collaborative law is often considered to be one component of the comprehensive law movement. The comprehensive law movement views law from an all-inclusive, holistic perspective. Rather than simply looking at what is going on in this particular case, the comprehensive law view attempts to see beyond the short-term outcome to the long-term effects the case may have on the parties involved.

Collaborative Law Resource Links

Collaborative Practice Center This site provides informational articles and video on the collaborative procedure.

Social Science Resource Network Running a "Title, Abstract & Keywords" search for "collaborative law" returns links to collaborative law papers.

ABA Formal Opinion 07-447 on Ethical Considerations in Collaborative Law Practice, as provided by Collaborative Association of Brevard Full text of the American Bar Association Committee on Ethics and Professional Responsibility Formal Opinion 07-447, dated August 9, 2007, as provided by the Collaborative Association of Brevard.

It's All About the Relationship: Collaborative Law in the Employment Context Links to academic paper by Marcia L. McCormick, Samford University — Cumberland School of Law.

Law as a Healing Profession: The Comprehensive Law Movement Links to academic paper by Susan Daicoff, Florida Coastal School of Law.