Family Law

^{Family
Law}

06/23/05

Jim Guy, Lawyer

Century 21 Building

216 N. Mosley

Wichita, KS 67202

Main (316) 262-7777

Fax (316) 838-7873

JimGuyLaw@aol.com

Collaborative Law

Collaborative Law - Requiring special training, Collaborative Family Law is based on the concept that the parties share the common goal of completing the divorce process quickly, amicably, privately, economically, and with reduced emotional stress. Jim Guy is a licensed mediator and a member of the International Academy of Collaborative Professionals and has undergone specialized training to handle divorce by means of the Collaborative approach. When parties proceed collaboratively, they contractually commit to each other to proceed with their divorce outside the legal system.

Collaborative Law is a form of Alternative Dispute Resolution (ADR) which allows both parties to avoid going to court, except by agreement at the end of the process to formalize the divorce.

In the process of Collaborative Law, each spouse hires an attorney and all 4 individuals sign a "Collaborative Law Participation Agreement." By signing this agreement, they agree to arrive at a divorce resolution- avoiding the high costs of going to court. This type of ADR has been found to keep divorce civil, cooperative, and can even speed up the divorce, as you are not at the mercy of the court's schedule. Another benefit to choosing Collaborative Law is that, because you and your spouse are able to work together to reach your own agreement, there tends to be a greater chance that you will both follow through.

Collaborative law, unlike mediation or arbitration, provides you with trained legal counsel, without the court costs. A divorce handled in court can run $20,000 and up, there as costs involved with collaborative law average $2,000-$3,000.

Here are the facts:

	Not every lawyer can practice Collaborative law. Collaborative lawyers are trained in collaborative, non-combative resolution techniques.
	You and your lawyer and your spouse and their lawyer must sign a "Collaborative Law Participation Agreement". This document lays out, for all parties involved, how the divorce will proceed. Once signed, you are all contractually bound to create an agreeable and legally binding agreement without going to court.
	Part of the "participation agreement" stipulates that, if you are unable to come to an agreement, you will not be allowed to retain your same attorney when taking your case to court. This aspect of the agreement provides strong encouragement for both parties to work hard at "working it out."
	Outside professionals, such as mediators or financial and child professionals, are allowed in the negotiations; however, their participation must be pre-approved by all parties involved and they must agree to not threaten to go to court.
	Because you are not waiting for the court to schedule hearings, you create your own time-line for your divorce.
	Your divorce, as in mediation and arbitration, is kept out of the public realm, unlike going to court.
	Collaborative law creates a "team" atmosphere from day one, compared to the adversarial atmosphere of the courtroom, with its overtones of anger, bitterness and frustration.

This site was last updated 06/23/05