Peltier, Bosker & Griffin, P.C. : Collaborative Law

Collaborative law is a process in which the parties and their attorneys agree to settle issues using cooperative strategies, rather than adversarial techniques and litigation.

The collaborative process allows attorneys to use attributes of good lawyering not often seen in adversarial proceedings. Attorneys, including the ones at Maureen Peltier, Bosker & Griffin, are specially trained in this process and concentrate on solving problems, creating options, and generating a positive atmosphere for settlement. The result can be a less expensive, less emotionally destructive, and more dignified divorce.

Collaborative family law attorneys formally pledge not to take the case to court. If an impasse occurs, they may suggest bringing in a neutral third party such as a mediator. If the case does have to go to court, they agree to withdraw and forward the case to litigating attorneys. The Collaborative Law process causes the attorneys to be totally committed to negotiated resolutions.

When divorcing spouses enter into the collaborative law process, they agree to communicate honestly and constructively, to focus on the issues, to protect their children from conflict, and to do everything in their power to arrive at a final settlement out of court.

In matters requiring expert opinions, both parties can jointly hire one independent consultant, a process which can shorten the duration of the case and reduce the overall expense.

Meetings between the parties and attorneys are scheduled without waiting for court dates, which can also result in quicker settlement. The structured and controlled settings restore trust and result in more objectivity in the negotiations. Spouses shape their agreements together and are more likely to keep them. This type of settlement also lends itself to helping them heal sooner and move forward.

Collaborative law also offers protection and benefits to children that may not be achieved through litigation. In collaborative law, parents seek to protect the children's feelings and look out for their interests. In contrast, litigation often escalates conflict, which results in children suffering. The collaborative law process can diminish the parental conflict and help protect children from enduring undue anguish and divided loyalties. Parents can better meet their own and their children's needs. Moreover, private family issues can remain in the family and out of the public record.

Even if communication becomes difficult, the commitment to continued cooperation increases the likelihood of a solution satisfactory to both sides. Then final agreements are drafted into court orders which, when signed by the judge, become enforceable decrees.

Lawyers practicing collaborative family law receive special training and education that encourages mature, cooperative and non-combative behavior. They treat both parties as participants in the settlement team. Likewise, lawyers who practice collaborative law protect the privacy and dignity of all parties in the process. These lawyers uphold standards of integrity and, if inconsistencies and miscalculations occur, seek to correct them. As needed, they provided complete, honest and open disclosure of all relevant information with the required oaths and documentation.

Stu Webb, one of the pioneers of collaborative law from Minnesota, summarizes the meaning of collaborative law by saying,

"Collaborative law is a simple concept, yet profound. That's the best kind of concept: simple and profound. "

" Collaborative Law has quickly grown from Minnesota throughout the United States and continuously impacts how law is practiced here in Texas."

FAQ's