Collaborative Law Attorney in Lake County
Providing Alternative Divorce Solutions to Residents of Tavares & the Surrounding Areas
Collaborative law is a cost-effective way for couples who can peacefully discuss issues related to family law. As a Lake County collaborative divorce lawyer at the Law Office of Michael E. Golub P.A., I will work directly with you and your partner to help you resolve all legal issues.
Call my office at (352) 290-2877 to schedule your 15-minute complimentary consultation.
How Does Collaborative Law Work?
Firstly, all parties must enter an agreement to participate in the collaborative law process. This may occur before a case is actually filed in the court system. In this case, nothing would be filed in the court system until after the process is complete.
Alternately, the case could go into the collaborative process after the case is opened in the court system. In this case, the parties must reach an agreement for the case to be abated and not litigated in the court system until the collaborative process is finished.
This should be a non-adversarial process. All the parties, meaning the husband and wife, are meant to disclose all information. Several meetings that involve many professionals occur throughout the process. They attempt to work out a plan that works for the entire family and considers all the issues that may involve children or finances.
Furthermore, during this collaborative process, all involved professionals work to resolve the case. Therefore, if the case isn’t resolved during the collaborative process, everyone withdraws.
How Does Collaborative Divorce Differ from Mediation?
Typically, in collaborative law, a group takes the place of the mediator. Sometimes a mediator enters the process if people are stuck on a certain issue, but the process is meant not to be as adversarial as mediation.
Mediation occurs when someone enters the process when the parties are still opposites. Collaboration is far more open, allowing many people to work together as a team to resolve the issues. Other professionals might enter their input, as well, to resolve many divorce issues.
Does Collaborative Law Always Work?
There is no guarantee that this process will work all the time. However, it does work a lot of the time. When it does work, the parties have a better solution. One overarching idea behind collaborative law is something called “Interest Based Negotiation.” This means that during the negotiation process, the focus is on the party’s interests in the case, this contrasts with traditional negotiation which is what we would call “Position Based.”
The classic example of this is what is called the one lemon scenario. In this scenario, we have two parties and one lemon. Both parties want the lemon of course. In a position-based scenario, each party would take the “position” that he/she should have the lemon. This appears on its surface to be an impossible situation. However, if we go deeper, and look at the “interests” of the parties we discover that one party only wants the juice to make lemonade, and the other only wants the peel or zest for baking. Therefore, by looking at interests as opposed to positions, the needs of both parties are met.
Collaborative Law Is a Team Approach
Many people are involved, working together, thus teaching the parties better communication skills during the process. This communication is something the two parties can utilize in the coming years. The parties have an interest in creating this agreement together. As such, collaborative law works a lot of the time.
When it does work, parties have a more workable solution. They are less likely to go back to court. Often, during the court process, there are always losers, because nobody wins after the litigation process. In the courts, one party might get more of what he’s looking for, and the other party might get less of what he’s looking for. Nobody wins, and animosity grows. Oftentimes, these people wind up back in the courtroom again in a few years.
Collaborative law creates a system for the parties to communicate with each other and deal with each other after the divorce is finalized.
Here to Help You Resolve Your Legal Issues
A Lake County collaborative law attorney can provide you with sound legal counsel and guidance to give you the best chance at peacefully resolving your family law matter. I have a good relationship with many third-party advisors and counselors and can help you create a team that works best for your situation.