Some divorcing couples choose a relatively new approach to divorce called collaborative law. The essence of Collaborative Law is the shared belief by participants that it is in the best interests of the parties and their families in typical family law matters to commit themselves to avoiding litigation. At Balisle Family Law Legal Counsel S.C., our Madison divorce attorneys engage in the Collaborative Law process if this approach is the right one for your family.
Collaborative Law may not be appropriate for every family law case, but may be an option if you and your spouse trust each other and are able to work together to minimize the negative economic, social and emotional consequences that families sometimes experience in the traditional adversarial divorce process.
Believe it would be a better choice in the long run.
Believe your family will be better off without litigation and are able to compromise.
Want to speak and act from your best selves.
Hired wise and engaged counsel.
Can participate in joint meetings.
Are open to finding solutions which meet all parties’ needs.
Are willing to face discomfort and persevere.
Trust the accuracy of the information on which your decisions are based.
Collaborative Law replaces the adversarial approach with one of mutual respect and problem solving. The voluntary process begins with the parties signing an agreement in which they commit to resolving all disputes without litigation. The settlement team, comprised of the parties, attorneys, divorce coaches, and sometimes a child specialist and financial advisor, then work together to accomplish a result that satisfies both parties.
Everyone cooperates respectfully, honestly, and in good faith to find solutions that meet the legitimate needs of both parties and their children.
The parties are directly involved in the process and retain control over their outcomes, as opposed to being a participant in a court system that dictates an outcome. In the event the case cannot be resolved collaboratively or subsequently returns to court in a contested proceeding, both parties’ attorneys are disqualified from representing either client except in a collaborative process.
The process is based on open communication between the parties who provide each other full and honest disclosure, and on negotiations that lead to a mutually acceptable settlement, taking into account the highest priorities of all family members. Should you have any additional inquiries about Collaborative Law, check out our list of common questions and answers that we have provided as a valuable resource.
If you would like to discuss this option with a Madison divorce lawyer, please call our office at (608) 765-1001 to schedule an initial conference.