Collaborative Law Center

Santa Monica Divorce Mediation Attorney

Many family law matters have unfavorable results for all parties when decisions are left to the courts. Fortunately, there are means to resolve a divorce, child custody dispute, or other family law matter outside of court. At the Law Offices of Linda S. Gross, our experienced family lawyer provides collaborative law services to clients throughout Southern California.

Our alternative dispute resolution lawyer, Linda Gross, has practiced law for more than 25 years and is an advocate of resolving family law matters through calm and respectful means. Learn more about collaborative law by reviewing the information provided below. For experienced representation through the collaborative law process, contact our Santa Monica divorce mediation and negotiation attorney today.

Collaborative Law - An Overview

Why is collaborative law so different?

Over the years and in many situations people have resolved their conflicts by being cooperative, open, honest, forth-coming and willing to listen to the other side's reasoning. Collaborative law builds on this history to provide a holistic approach to resolving disputes.

In the legal arena in the last century, however, this type of settlement process has become much less common. Instead, drawn-out formal lawsuits costing clients untold amounts of money and time have become all too familiar. Because attorneys and their clients have begun to recognize that the costs are too high, both groups have become interested in finding a better way. Out of this has grown the collaborative law movement.

Lowest common denominator

Since collaborative law is developing in many different locales and in many different areas of the law, one group's collaborative law may look quite different from another group. However, it does appear that there is one lowest common denominator or condition for a process to be recognized as collaborative; all attorneys for all parties to the case must sign an agreement that requires the attorneys to withdraw from representation if any party decides to quit the collaborative process and go to court.

Other stipulations

As the process develops and more disputants resolve their differences through collaborative law, those involved in improving the processes and procedures continue to refine the proposed stipulations that must be signed by those entering the process. Other than the agreement that lawyers will withdraw rather than go to court, these agreements tend to have provisions such as

• Agreement to cooperate in evaluation of all the values and merits of the positions of the parties
• Agreement to fully disclose all information needed to make an assessment of claims
• Agreement to participate in bona fide (good faith) negotiations until the matter is resolved

Paradigm shift

Many would agree that acceptance of collaborative law requires a major shift in attitudes towards dispute resolution by both disputants and attorneys. Especially in the family law arena, this major shift in attitude has seemingly happened overnight. In a medium-sized Canadian town called Medicine Hat, only 18 months after one attorney introduced the process to some of his peers, all but one family law attorney was trained in the process. Since then, the family law caseload for the Medicine Hat judges has reduced by more than 50%. While no other locale has adapted quite this quickly in shifting paradigms, many attorneys as well as clients are jumping on the collaborative law bandwagon.

The use of collaborative law in family law matters is quickly catching on in many cities, counties, and states across the country. Clients and attorneys are virtually unanimous in their praise of the process, saying that it saves money, time, and most of all saves the bitterness and on-going animosity found in so many family law matters.

Important factors

Whether the use of collaborative law will catch on as quickly and easily in other areas of the law remains to be seen. Proponents say that certain factors may govern whether the collaborative process can provide preferred outcomes for specific types of disputes.

The following are some factors to be taken into consideration in determining whether a dispute is appropriate for a collaborative law approach

• Do the parties have a desire or need for a continued relationship?
• Is there high emotional involvement between the parties that would best be addressed and resolved for the future?
• Is prompt resolution desired so that business or projects can move forward?
• Would the parties prefer not to have their dispute aired in public?
• Do the dispute and the parties' circumstances lend themselves to a less formal process?
• Are the parties interested in and able to be active participants in the process?
• Do the parties prefer to have flexibility that takes into account such things as personalities, ethical, and spiritual values in finding resolution?

Advantages

Proponents of the collaborative process often cite the following reasons why collaborative processes are better than adversarial processes

• Clients have more control over their lives. Clients, rather than judges, control shape the outcome of the case.
  
  
• People have great potential for creating a better future relationship(s). Parties can create an environment for the future in which they continue to have a mutually respectful relationship.
  
  
• Lower Costs. Generally, in collaborative cases parties are able to avoid the costs of discovery, trial preparation and litigation.
  
  
• Lowered Stress. Collaboration, by definition, takes some stress off those involved.
  
  
• More problem solving. In many cases utilizing the collaborative process, the parties enlist a team of problem solvers, whereas, in the adversarial process, each side often hires experts for the sole purpose of countering the arguments and evidence of the opposing party.
  
  
• Better outcomes. Conventional cases often settle on the courthouse steps under great pressure and after considerable legal fees and emotional hardship. From the outset of a collaborative case, however, parties are committed to settle and all the work in the case is devoted to finding win-win solutions.
  
  

If you are in the midst of a dispute involving a continuing relationship and want to avoid contentious litigation, an attorney trained and experienced in the collaborative law approach can help. Call for more information today.

Copyright ©1994-2005 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein in intended for informational purposes only and should not be construes as legal advice. Seek competent legal counsel for advice on any legal matter.