The Collaborative Process is a unique approach to resolving divorce and other family law disputes in which a couple commits on the front end to an out-of-court resolution for their case.  The cornerstone of collaborative practice is the team approach that utilizes two collaboratively trained attorneys, a neutral financial professional, and a facilitator with a background in mental health.  The team assists the couple in exploring a variety of options for resolving their issues with the goal of achieving an outcome that provides financial security for both parties and a parenting plan that works for both parties and their children.  The parties are in control of the outcome, not a judge. 

How does Collaborative Law work?

To use the Collaborative Process, each party chooses a collaboratively trained attorney.    The attorneys select the facilitator and the neutral financial professional, who are also trained in the process.  The team then guides you and your spouse through the divorce process with an emphasis on goal-setting, information gathering, option development, and ultimate resolution.  Full team meetings are scheduled to coordinate with your work schedule and other commitments, and the team assists you with everything from a parenting plan, equitable distribution worksheets, taxes, alimony, child support, and therapeutic interventions for children, if needed.  A typical collaborative case is resolved in three to six team meetings and takes approximately four to six months to reach a conclusion.  By comparison, a typical litigated family law cases takes an average of one to two years to complete.  

Why choose the Collaborative Process?

In deciding whether the Collaborative Law Process is right for you, consider whether the following is important for you and your family:

  • I want to maximize the future success of my family after divorce.

  • I want to focus on doing what’s best for our children.

  • I want to keep our personal and financial information private and confidential.

  • I want to approach the divorce with thoroughness, efficiency, and economy.

  • I want us to decide our future life, not a judge.

If these considerations are important to you, the Collaborative Process offers you a unique opportunity to achieve these goals in a way that traditional litigation cannot.  In the traditional litigation model, the couple relies on the court system and a judge to resolve their family disputes.  Unfortunately, in this traditional litigation model, you often come to view each other as adversaries and the courthouse as the battle ground.  In litigation, the details of your dispute, including your finances and any accusations you and your spouse make against each other, are part of the public record of your case, and you will likely have your deposition taken and be cross-examined in the courtroom by your spouses attorney.  This type of conflict takes an immense toll on emotions, finances, and the well-being of your family.  The Collaborative Law Process is a non-adversarial approach that is very different from the traditional litigation model.   The focus is not on who to blame, but on how to solve your family’s issues.   You and your spouse work together with your respective lawyers and the professional team to achieve a mutual settlement outside of the courthouse, with no deposition and no cross-examinations, while keeping most of the details of your divorce private.  In this way, the Collaborative Process eases the emotional and financial strains on the family.

The Benefits of the Collaborative Process: 

  • Avoids court (litigation).

  • Focuses the parties' time and resources on preparing their future rather than fighting about the past.

  • Provides a case resolution process that is grounded in dignity, respect, and accountability.

  • Emphasizes the needs of children.

  • Promotes equitable outcomes rather than an "every man for himself" approach.  

  • Protects family privacy.

  • Outcomes are controlled by the parties, not a judge.

  • Respects the parties' time by having meetings with defined agendas that are coordinated in advance.

  • Minimizes conflict and trauma for the whole family.

  • Develops unique options and solutions in an efficient, streamlined process.

  • Promotes voluntary and open exchange of information.

The Loris Law Group approach:

At The Loris Law Group, we believe in avoiding litigation whenever possible.  We truly believe that the Collaborative Process offers a better way to resolve your case than litigation.  Our attorneys are two of the most experienced collaborative attorneys in Brevard County and have handled many collaborative law cases over the last decade or more.  Both of our attorneys are founding members of the Brevard Collaborative Association and are active members of its Board of Directors.  Our goal is to help you avoid litigation and achieve the best outcome for your family, while retaining a good working relationship with your spouse so that your family minimizes the damage that that can be caused by divorce and other family law disputes.  You retain control of the process and the outcome, while still maintaining a confidential attorney – client relationship.  

 

To schedule a consultation to learn more about the benefits of the Collaborative Process and if it is the right choice for you and your family, please call our office to schedule a consultation.  We offer a unique joint collaborative consultation that allows us to speak with both spouses at the same time so you can decide together if the Collaborative Process can work for you.  

 

For more information on collaborative divorce in Brevard County,

visit www.brevardcollaborative.com.