What is Collaborative Law?
For many years, all family law cases were resolved in much the same manner.
While most cases were ultimately settled, there were court filings, protracted
discovery using depositions, written interrogatories and production of
voluminous amounts of documents, stressful hearings, and determinations
made by a third party, who was able to learn only a limited amount about
the family before being asked to make important decisions of long-term
consequence. The court process can be lengthy, adversarial and often very
destructive to families. While courts and court personnel are well-meaning
and work very hard to make the best decisions they can, the process itself
is limited in its ability to address all of the concerns that parties
have when faced with the restructuring of their family and in the tools
available for resolving these issues.
The Law Office of Constance P. Brunt is proud to be among the first
in Central Pennsylvania to have offered families an alternative known
as Collaborative Law. How is Collaborative Law different?
- Focuses exclusively on settlement of issues.
- Uses cooperative problem-solving and creation of solutions that are
specifically suited to the unique needs of your family.
- Provides each party with the assistance and support of his/her own
specially-trained and experienced family law attorney throughout the
entire process.
- Allows for more personalized solutions that might not be available
in the court process.
- Preserves privacy.
- Empowers you and the other party to make your own decisions about
the future of your family.
- Allows for flexible timing of process to meet the particular needs
of your family.
- Provides opportunity for significant cost savings and more prompt
resolution of conflicts.
- Affords the opportunity to restructure your family in a dignified
and respectful way.
- Offers long-term benefits to your family by preserving a respectful
relationship and by helping you learn skills that will allow for more
effective co-parenting and cooperative decision-making in the future.
The parties and their attorneys make a total commitment to settlement
of all issues, without ever threatening or going to court. Each attorney's
representation is limited solely to working with the parties in a Collaborative
process to achieve an acceptable settlement. The parties sign a Collaborative
Law Participation Agreement in which they commit to:
- treating all participants with courtesy and respect;
- freely and honestly exchanging and disclosing all information needed
to make decisions about any issues;
- listening to and trying to understand each other's concerns and perspectives;
- focusing on the future, instead of dwelling on the past;
- working together to focus on the best interests of your children;
and
- negotiating in good faith to find a "win-win" solution that will be
acceptable to both parties.
The Collaborative attorneys help the parties to:
- identify and express their most important needs and concerns.
- understand the other party's concerns;
- identify, exchange and analyze information necessary for them to make
informed decisions;
- create and explore many possible solutions to their issues; and
- reach an agreed settlement which meets the needs of both parties.
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