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Collaborative Family Law Practice and You

By Janice G. Inman
October 07, 2003

Have you considered making your matrimonial practice collaborative? That's the system currently gaining favor around the country whereby divorcing couples seek to resolve issues with the aid of collaborative attorneys who take part in discussions involving both divorcing parties and their attorneys. The goal is to bring all parties to a solution that is as mutually satisfying as possible with as little friction as possible. The collaborative method came into being in 1990 when Minnesota attorney Stuart Webb and some of his colleagues formed a group they called the Collaborative Law Institute. Since then, a number of other regional groups have formed around the United States.

How is collaborative law different from mediation? The main difference is that in mediation, the divorcing parties represent themselves, discussing issues with the help of the mediator. And while the mediator may give information about the law to the parties, he or she cannot offer either of them legal advice. This system may work well for some divorcing couples, but it may not be for everyone. For instance, the husband and wife may have different levels of knowledge or one might simply be more assertive than the other, rendering the balance of power uneven. For them ' or at least for the disadvantaged spouse in this equation ' mediation may not be the best answer.

Collaborative Divorce

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