Collaborative divorce is a fast growing trend in the newest way to pursue a divorce without using litigation. Collaborative requires the parties to select a divorce attorney that has been trained in the collaborative process and has obtained a certificate of completion in this process. There are several practice groups that have collaboratively trained attorneys in your area. Check out the resource section for Broward and Palm Beach County groups.
Once the attorneys are selected both the parties and both the attorneys sign a Participation Agreement that clearly states they agree to resolve all issues without using litigation or the Court. Collaborative divorce is designed to be a team approach often including a mental health counselor and shared experts all who are committed to assist the parties by employing cooperative techniques rather than adversarial strategies and litigation.
The Participation Agreement clearly states that if a settlement is not reached, the lawyers will withdraw from the process and not participate in the ensuing litigation. It is understood by all involved that the lawyers’ retainers are limited to settlement negotiations. This motivates everyone involved to complete the process and continue to negotiate and collaborate without threatening litigation. Avoiding litigation keeps the costs of the divorce down and there is less stress and sleeplessness nights.
Attorney Tammy Saltzman has been collaboratively trained and is a firm believer that all family law issues should be resolved by the parties themselves, with the help of the professionals, and not give their power to a Judge to make these important decisions that will control their family for years to come.