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Collaborative family law is an emerging trend in the field of alternative dispute resolution. The collaborative family law concept is a cooperative out-of-court approach within a structured setting with the goal of problem solving, allowing those in a legal dispute to work together with their respective attorneys toward a solution in a positive, results-focused setting. By entrusting the collaborative family law process, spouses and parents can settle a divorce and resolve any additional support and property disputes without a need for lawsuits or courtrooms.
Minnesota family law attorneys who were looking for a more civil, clear-cut, and fairer approach to divorce cases founded the collaborative family law process in the early 1990's. This spawned the large number of national, regional, and state collaborative family law groups that exist today. The majority of these organizations focus on the application of collaborative family law principles to family law: mainly divorce and related disputes. However, recent trends show an increase in the use of the collaborative process to resolve disputes that arise in employment and business relationships.
The distinctive characteristic of the collaborative family law process is the commitment by the participants to resolve a divorce and all related support, custody, and property disputes in a structured and rational atmosphere. A written agreement is entered into by the spouses, in which they promise to exhibit good faith and fairness in attaining a resolution, and the disclosure of any and all information and documents pertinent to the issues at hand. The spouses' attorneys demonstrate their commitment to the process by adhering to a fundamental collaborative family law principle. This means that once the collaborative process begins, if one or both of the spouses decide to pursue litigation, different attorneys must be hired to represent the spouses during court proceedings.
During the collaborative family law proceedings, both spouses and their respective attorneys meet in a neutral office or conference room, and begin the negotiation process. The key to these negotiations is that all persons present are free to participate in a positive and open discussion with the ultimate goal of an agreeable resolution. The setting differs from similar methods like arbitration and mediation because there is no neutral third party at the center of the collaborative process. The attorneys are expected to be representatives of their respective clients, and support and encourage a reasonable solution for all parties involved. During the proceedings both parties may agree to bring in experts on accounting matters, asset evaluation, or other technical issues of concern during discussion of support obligations and property division.
Parties are usually able to arrive at a settlement agreement resolving all disputes during collaborative family law negotiations. Spouses who use the collaborative process to finalize a divorce may successfully complete negotiations and enter into a comprehensive written agreement that validates the divorce and details arrangements and obligations related to issues such as child support, custody, visitation, and division of property.
Besides problem solving, the collaborative family law process offers a number of benefits to people involved in a family law dispute. Collaborative family law processes usually provide a more rapid and less costly method of resolving a dispute, as compared to traditional litigation. The collaborative process can become more expensive if the process fails and litigation is pursued.
Avoiding family law litigation will save time and money for collaborative family law participants. Families may be spared a certain amount of stress on themselves and on their family relationships. Contact a collaborative family law attorney if you are interested in making your divorce a less painful process.
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Issues Regarding Child Custody
Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.
Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.