Collaborative Process

A DIVORCE THAT IS PEACEFUL & EFFICIENT.
SHOULDN’T THAT OPTION BE ON THE TABLE?

Can a couple resolve all issues of their marriage in a conference room rather than in a courtroom?  Can they really have anonymity and maintain control over their outcome rather than have a Judge make the decisions for them?  The answer is YES.

The attorneys at Beermann recognize that there is so much stress and pain in dealing with family conflict and that can be minimized with the Collaborative Law approach. 

A team of specially trained interdisciplinary professionals guide the parties utilizing a problem-solving approach rather than treating one another as adversaries.

 This is an option to mediation and litigation and many couples find Collaborative Law to be an appropriate solution when they want to maintain control over the outcome of their matter.  The couple recognizes that they have a series of problems which need resolution and the ultimate goal is to meet as many needs of the individuals as possible in the restructured family.

A Collaborative Law process begins with each party retaining two separate attorneys from law firms which are not affiliated.  These attorneys must be specially trained in the Collaborative Law approach and they use a very different skill set than traditional attorneys who use a positional bargaining approach.  At the heart of Collaborative Law is the Participation Agreement which must be signed by both parties and all professionals.  This agreement states that the attorneys and other professionals involved are disqualified from further proceedings should an agreement not be reached through the Collaborative Law approach.  

The other professionals involved in the Collaborative Law team are a Financial Neutral, Divorce Coaches and Child Specialists.  Each of these professionals’ ultimate goal is to minimize conflict and cost by guiding the couple to a solution they crafted themselves. 

Collaborative Law and Mediation are very different approaches to problem solving in that an independent third party acts as a facilitator in the parties’ negotiation in Mediation.  The Mediator cannot give legal advice or advocate for either party.  In Collaborative Law, all team members are utilizing their mediation skills training while educating the couple on the law, as well as how to best help them meet their emotional and financial needs as much as possible.  Once the terms have been reached, the attorneys prepare all of the legal paperwork necessary to finalize the matter and accompany the parties to court.