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Where parties and their attorneys work cooperatively to negotiate fair settlements without Court intervention.
Unlike mediation and litigation, the collaborative law process begins before any legal proceedings are initiated. The attorneys, trained and certified in the collaborative process, advocate for their clients while working toward agreement. This team approach to divorce and family law cases can include financial and mental health specialists (also trained in the Collaborative Law process) to assist in reaching a timely and cost-effective settlement.
Guy was the first South Carolina attorney to be certified in Collaborative Law. He is a founding member and serves as president of the South Carolina Collaborative Law Institute, established in Charleston, South Carolina in 2004. The South Carolina Collaborative Law Institute has facilitated training in Collaborative Law for over fifty attorneys and other professionals to date.
In collaborative law, parties and their attorneys work cooperatively to negotiate custom made solutions without court intervention. Early, non-adversarial participation allows for analyzing problems, generating options, and creating a positive context for settlement.
Collaborative Law is different from mediation, arbitration, and litigation in important ways:
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Parties agree, by signing a Collaborative Law Participation Agreement, at the outset not to litigate the case in Court. When the option of Court is off the table, everyone remains focused on agreement. If the parties reach an impasse after the Participation Agreement is signed, the attorneys and any other professionals who have been a part of the process must withdraw from representation and are forbidden to appear in court on behalf of either party. The parties must hire new trial counsel to concinue with their case in the court system. |
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By design, Collaborative Law promotes healthy communication and skills for positive conflict resolution. Even after the marriage is dissolved, spouses continue to be “related” through children and other family ties long after the divorce. These skills can mean the difference between a divorce that “tears the family apart” and a divorce which transitions the family with everyone’s dignity intact. |
How It Works
Early intervention: Prior to filing any documents in court, early participation by clients, with their attorneys, allows for analyzing problems, generating options, and creating a positive context for settlement. Signing a Participation Agreement begins the process.
Four party Conferences: Parties and their attorneys meet together to identify and work through each issue. Attorneys are specifically trained to support their clients in reaching a fair agreement, while also representing their client’s best interests.
Team Approach: When appropriate, the individualized process can include the use of financial professionals, divorce coaches, and/or child specialists. The use of these experts can increase the efficiency of the process and quality of the resulting agreement.
Court Approves Your Agreement: Once all the issues in the case have been resolved, a formal agreement is drafted and legal proceedings are filed with the Court. The parties then go before the Court to have a Judge approve the legal agreement document. Your process of arriving at agreement stays private! Only generic pleadings and the final agreement are filed.
Benefits of Collaborative Law
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You are in control, not the Court; |
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Child-centered: Future family relationships remain in focus during the entire process; |
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Less costly: The communication is more efficient, so the process is less time-consuming; |
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Discreet process: The collaborative process keeps your business private. Only generic pleadings are filed with the Courtin order to finalize your agreement; |
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Cooperative approach with custom solutions: The process promotes creative, win-win solutions tailored to your family and emphasizes respectful communication; and |
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Problem solving skills: Families learn constructive skill methods that empower them to better handle future complex and stressful situations. |
Drawbacks of Collaborative Law
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Parties reach an impasse: If the parties reach an impasse, the attorneys must withdraw and the parties must continue the case with new counsel; and |
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Some good faith required: The exchange of information and temporary agreements are voluntary and premised upon the good faith of each party. If one party is withholding information or chooses to ignore a prior agreement, there is no “higher authority”, such as a Family Court Judge, to force them into compliance, until the case is finalized. |
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