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Collaborative Family Law

  Collaborative Family Law

What is Collaborative Family Law?

In the past, couples seeking a divorce or involved in other family disputes had only one alternative – going to court. Today, another choice is emerging as a less contentious, potentially less expensive, more private and convenient way to settle conflicts: collaborative family law. Our family law attorneys are experienced in both litigation and collaborative alternatives, and will explain each process to you. You can then decide which approach is right for your individual situation.

At Palmer & Manuel we are strong advocates of the collaborative approach and have superior knowledge and experience in handling collaborative family law and divorce settlements. Palmer & Manuel’s attorney are members of numerous collaborative law professional associations, including the Collaborative Law Institute of Texas, the International Academy of Collaborative Professionals, Collaborative Law Dallas, and the Dallas Alliance of Collaborative Professionals. Contact one of our family law attorneys today to see how taking a collaborative approach to your divorce or other family conflict can benefit you.

The advantages of using a collaborative approach are numerous, the most obvious being that it keeps you out of court and avoids contentious and often bitter litigation. Instead, the collaborative law approach seeks to resolve differences and reach agreements on important issues through respectful negotiation.

Instead of pitting lawyers and clients against each other, the collaborative law approach uses teamwork to find resolutions. Rather than assuming their traditional litigation roles, collaborative lawyers and their clients contractually agree not to go to court, but rather work together to find creative forward-looking solutions to the issues before them.

Many people have found collaborative law to be an easier way to handle divorce and issues such as child custody and parenting time. The collaborative process can be less expensive than traditional litigation, and is almost always less stressful for the parties and their children.

Generally, the end result is a final divorce agreement without the animosity and bitterness usually associated with a divorce that involves a court battle. The goal is to get the parents and children through the divorce crisis with the least damage possible, and in a way that allows both parents to continue to co-parent their children. But whether you choose the litigation process or the collaborative law process, our attorneys are experienced in both. You will decide which process is right for you.

The chart below compares litigation to the collaborative law approach.

Traditional Litigation

Collaborative Approach

Parties in process often feel intimidated, fearful, anxious, powerless, out-gunned and not in control. The litigation process does nothing to calm this uneasiness. In fact, a common successful litigation tactic is to make the other side so uncomfortable they are coerced into settling.

Collaborative process affirmatively seeks to make both parties feel safe, respected, and in control of their lives. Coercion is not part of the process, and both parties are made to feel as comfortable as possible.

Process focused on determining blame for problems

Process focused on finding / reaching solutions to problems

Unpredictable results

Predictable results

Things happen that you don’t want to happen

Nothing happens unless you agree to it

Unsafe atmosphere – subject to cross-examination, depositions

Safe atmosphere – civil, dignified, respectful

Public

Private and confidential

Inconvenient scheduling – court determines the parties’ schedules

Schedules are determined by agreement between both parties

Secretive – play hide-the-ball, mislead and deceive the other side. All negotiation usually done by lawyers

Transparent process – same information is available to both parties. Parties develop options for resolution in joint meetings

Much more time and money spent getting ready for trial that most likely will never occur. Little time spent on settlement. The fact is, most cases settle, but 95% of most legal fees are not spent on settlement efforts

100% of all time and money is spent on settlement efforts – fewer wasted resources

Legal expenses can become uncontrollable. Other side can force you to spend significant fees on activities you do not want to participate in – depositions, discovery, hearings, etc.

All legal expenses are discussed and agreed upon. Legal resources are efficiently used

You can’t just “try” litigation

You can try collaboration – if it doesn’t work, you can always litigate

To explore your litigation and collaborative law options and how each might be used in your personal situation, call 214-242-6444 or email us today.

You will feel better after you meet with an experienced family attorney. Together, we will work toward PROVIDING SOLUTIONS to the challenges facing you. We offer flexible appointment times and accept VISA, MasterCard and Discover.

To learn more about Collaborative Family Law, please read our articles on Family Law and the Collaborative Process or Collaborative Law - Taking Texas by Storm.

Located in Dallas, Texas, the law office of Palmer & Manuel, L.L.P., proudly serves clients in Dallas County, Collin County, Denton County, and the North Texas area, including the cities of McKinney, Plano, Frisco, Allen, Richardson, Highland Park, University Park, Carrollton, Garland, Coppell, South Lake, Rockwall, Mesquite, Irving, Rowlett, Denton, Fort Worth, Arlington, Lewisville, and Grand Prairie, Texas.