Collaborative Law

When you and spouse decide to separate and divorce, those are only the first of the many often difficult decisions the two of you will have to make. Collaborative Family Law offers you a dispute resolution process that is designed to provide you with privacy, safety, respect and dignity. By reducing the adversity of the process, the whole family will benefit.

The hallmark of the collaborative process is the written Collaborative Participation Agreement. The principal terms of this agreement are the following:

  1. You will exchange complete financial information so that each spouse can make fully-informed decisions.
  2. You will maintain complete confidentiality so that each spouse can feel free to voice his/her needs and concerns throughout the process.
  3. You will not threaten to leave the process and sue your spouse as a way to gain negotiation leverage.
  4. You will work together to develop and execute a written settlement agreement that will resolve all of the issues and concerns pertaining to your family.
  5. That if you and your spouse are unable to reach a written settlement and decide to abandon the collaborative process, you will each release your collaborative attorneys from further obligation to you and each of you will retain new counsel to represent you in court.

Once you and your spouse have resolved all of your disputed issues and finalized your written settlement agreement, then and only then, you will authorize your collaborative attorneys, to file any and all pleadings with the court as may be necessary for the implementation of the terms of your agreement.

The key advantages to collaborative law over other types of dispute resolution are:

  1. You retain control. Though you each have a lawyer, you and your spouse take responsibility for shaping the settlement as the key members of the team.
  2. You gain support. You craft the settlement cooperatively with your spouse while benefiting from your attorney's advocacy, problem-solving, and negotiating skills.
  3. You can focus on settlement. Removing the threat of "going to court" reduces anxiety and fear, thereby helping you focus on finding positive solutions.
  4. You get more from your resources. The collaborative process is usually less costly and time-consuming than litigation. When you reach an agreement, it can be finalized within a shorter time frame. You do not get bogged down for months while you wait for a court date.
  5. You negotiate a better settlement. Every family is unique and every family deserves a unique solution to the issues raised in a separation or divorce proceeding. The collaborative process produces final agreements that are frequently more detailed and complete than any order that would be issued by a judge after a contested court proceeding.
  6. You lay groundwork for a better future. There is no pain-free way to end a marriage, but by reducing stress, working in a climate of cooperation, and treating each other with respect, you and your spouse are creating an environment in which you and your children can thrive.

Contact Milam & Idol PLLC, Attorney at Law, in Durham, North Carolina

Contact Milam & Idol PLLC by calling 919-805-3678 or by completing the online form to schedule an initial consultation about your family law needs.

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