Collaborative Family Law
Collaborative Family Law
An Alternative to the Court Process
Increasingly couples today are seeking a more constructive, less combative way to accomplish the life-changing process of divorce. For them, the collaborative law process has been a welcome alternative to traditional courtroom divorce litigation. Collaborative family law promotes respect, places the needs of children first, and gives the spouses greater control over the process and outcomes.
Syracuse family attorney Patricia DeRue invites you to explore the collaborative law process as a way to help you make a healthy, hopeful transition from one stage of life to the next.
What is Collaborative Law?
Minnesota attorney Stu Webb developed the collaborative law process as an alternative for spouses who wanted to end their marriage cooperatively, face-to-face, without going to court but with the help and guidance of a knowledgeable attorney who could provide structure to the process. Webb defines collaborative law as “the art and practice of settling cases with legal counsel, but without court intervention at any stage."
Although the collaborative process can follow several models, it is distinguished from traditional litigation by certain core elements:
- Negotiation of a mutually acceptable settlement without a court deciding the issues for the couple
- Communication in a respectful environment and with the support of specially trained attorneys or collaborative law professionals who are committed to guiding the two parties toward a reasonable settlement
- Open, honest communication and information sharing in private meetings with clients and their own lawyer and in meetings with the two members of the couple and the two lawyers
- Access to professional assistance such as divorce coaches, financial specialists or child specialists to help the couple reach the best decision
- The ability of the parties to create shared solutions that take into account the highest priorities of both spouses, and
- Withdrawal of the attorneys or collaborative law professionals if either spouse chooses to go to court
A collaborative law approach is not right for everyone. If there has been domestic violence in the family, if one or both partners cannot participate in an honest or respectful manner, these would be circumstances in which a collaborative process would not work.
To learn more about collaborative family law and whether it meets the needs of your family, please review the information provided on this Web site and contact Syracuse family attorney Patricia DeRue to schedule a initial consultation.
Onondaga alternate dispute resolution lawyer Patricia 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.
