We need your help!  We’re willing to bet that either you or someone else you know has been emotionally, spiritually, or possibly even physically (stress-related or otherwise), shattered by the needless pain and financial ruin that the litigation process can cause.  It is our goal this year to spread the word about Collaborative Law, an alternative to litigation for family law matters.  Collaborative law is NOT the same as mediation, a common misunderstanding in our community.  Please read on….your knowledge of collaborative law and the spreading of this information could potentially save families from being completely damaged and broken following a litigated family law matter, but instead on their way to healing as a result of serving the best interests of the family through the collaborative law process.

Did you know that there are actually two “models” that lawyers can use when practicing family law? One is the traditional litigation model and the other is the collaborative law model.  Throughout the United States, even in states which allow for the collaborative law model, lawyers have primarily focused on the litigation model, but in recent years, more and more family law lawyers are exploring the collaborative law model and finding it to be a successful alternative to litigation in order to resolve family law disputes.

What is the difference between the traditional litigation model and the collaborative law model? When conducting a family law case in a litigation format, the parties are typically guarded, strategic, and possibility secretive and deceptive.  This process is typically past-focused with clients attacking each other with positions rather than focusing on their interests.  The lawyers, or even the Court, become the arbiters of the parties’ disagreements.  Sadly, there is constant blame and fault-finding rather than true problem solving.  The parties often leave the litigation process feeling defeated, alienated from one-another, and scarred.   How are parties, especially with children, supposed to move forward after such a battle?  It’s possible, but we believe there is often a better way to work through your family law issues.

In the collaborative law model, the process is future focused; therefore, the parties focus on what they want for themselves and for their children down the road.  Communication is open, honest, and shared, and there is no fault finding and blaming.  In fact, one of the most attractive aspects of collaborative law for many parties is the fact that it is conducted in private with their lawyers, as well as neutral professionals, who assist the parties in reaching a settlement agreement outside of court.  Collaborative lawyers are trained in interest-based negotiation and the parties work with their lawyers to understand the legal consequences for themselves and the other party in order to minimize the possibility of future conflicts.   Furthermore, the collaborative law process gives clients the ability to move as fast or as slow as necessary thus, allowing the parties to emotionally and/or financially deal with the issues at hand so that when all is said and done, the parties have a positive relationship, especially where there are children involved.  

Why aren’t more lawyers talking about collaborative law? Well, we all know that lawyers can be stubborn and set in their ways.  Can we blame them?  Law school doesn’t teach them to look out for the best interests of a family…it teaches them to litigate…to fight…to win!  And, just in case you didn’t already know this, no one wins in family law.  So, while we can’t make family law attorneys desire a better way for their clients, we can educate our community so that they know to ask their lawyers for an alternative solution to litigation.  In time, this demand from our community will compel attorneys all-around to consider and implement this alternative way to practicing family law.

Is the collaborative law model for everyone? No, not necessarily.   For those parties who know, without a shadow of a doubt, that their family law matter is uncontested, and will remain uncontested, the litigation process may be simpler and more appropriate.  Additionally, collaborative law may not be appropriate in cases involving extreme domestic violence or extreme mental illness.  Contact a collaborative law professional to discuss any specific concerns you might have in this regard.

To learn more about collaborative law, please visit the Collaborative Law Institute of Texas website at http://www.collablawtexas.com.

We would appreciate any effort on your behalf to spread the word about collaborative law in our community.  Feel free to forward this information to a friend or family member who may be looking to pursue a divorce or other family law matter in Texas so that they are aware of all options available to them.

The time has clearly come for lawyers to begin to emphasize their role as mediators, conciliators, and peacemakers–as counselors for what is right, not merely advocates for what is legally possible. Lawyers must begin to take advantage of alternatives to litigation for dispute resolution. … Lawyers need to remind themselves that the courtroom is often not a place conducive to peacemaking or conflict healing, yet peacemaking and conflict healing are first obligations of our profession.

North Carolina Supreme Court Chief Justice James G. Exum, Jr.