Collaborative Law is an alternative dispute resolution method for disputes encouraging open, transparent, mature, and cooperative behavior between parties. The hallmark of the collaborative process is that the parties pledge not to go to court and work towards an agreed upon resolution: unlike mediation, both parties and their attorneys are involved in the process. The parties and their attorneys enter into a Participation Agreement, which defines the environment in which the parties and their counsel commit to reach efficient and mutually agreeable settlements, without court intervention.   

The product of the collaborative law process in the family law setting is a Settlement Agreement and a Judgment of Divorce through an uncontested court hearing. In the traditional divorcing model, the children become pawns, and the attorneys become warriors for their client’s cause. Collaborative Law avoids this traditional model. The Participation Agreement requires the parties exchange information and develop strategies to resolve their disputes. A key component of the collaborative model is its transparency.

In Collaborative Law:

• The parties sign a collaborative participation agreement describing the nature and scope of the matter
• The parties voluntarily disclose all information which is relevant and material to the matter that must be decided
• The parties agree to use good faith efforts in their negotiations to reach a mutually acceptable settlement
• Each party must be represented by a lawyer whose representation terminates upon the undertaking of any contested court proceeding
• The parties may engage mental health and financial professionals whose engagement terminates upon the undertaking of any contested court proceeding
• The parties may jointly engage other experts as needed

Collaborative Law provides you and your spouse or partner with the support and guidance of your own lawyers without going to court. Additionally, Collaborative Law allows you the benefit of coaches, child and financial specialists all working together with you on your team.

I have pioneered the establishment of Collaborative Law in Maryland with the co-founding of the Maryland Collaborative Law Association (MCLA), where I earned a Collaborative Law Certificate in 2004, as well as the co-founding of the Maryland Collaborative Practice Council and as member of the board of the Collaborative Professionals of Baltimore. You can learn more about collaborative law in divorce, and these organizations and resources, here:

http://collaborativepracticebaltimore.com/

http://www.baltimorecollaborativedivorceprofessionals.com/

http://marylandcollaborativepractice.com/