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What is Collaborative Law? |
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| Collaborative Law is an alternative dispute resolution process that combines the benefits of mediation with the security of representation by counsel. It is a process which is based upon negotiation and each spouse is represented by counsel. Collaborative divorce is an interdisciplinary approach using a team of collaboratively trained experts from the legal, mental health, and financial professions. Collaborative lawyers coordinate with other collaborative professionals who specialize in the emotional and financial issues of divorcing couples. There is a commitment by all those involved to resolve all of the issues without resorting to costly and time consuming litigation. Collaborative divorce is a resolution oriented process that encourages you and your spouse to exercise your right of self determination by reaching an amicable settlement. If children are involved, attention is focused on the best interests and needs of your children. |
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How does Collaborative Law Work? |
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| The collaborative divorce process involves the commitment of a team of professionals to seek solutions that further not only the best interests of the individual client, but of the entire family. Collaborative practice may include other collaboratively trained experts in the process such as mental health professionals who serve as divorce coaches or child specialists, as well as financial professionals. In addition to mutual understanding, there is a contractual commitment by the parties, their lawyers and other professionals involved to resolve the matter amicably by reaching a negotiated settlement and therefore avoiding litigation. If either party decides to initiate litigation at any time rather than reach a negotiated settlement, the attorneys must remove themselves from the process and the collaborative divorce contract will be terminated. |
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How can our Attorneys Assist with the Collaborative Process? |
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| Our attorneys are collaboratively trained and will assist you with the equitable distribution and division of your marital assets, alimony, allocation of debt, child custody, visitation, and child support. They will help you find creative solutions to settle your divorce. Our attorneys are solution oriented and will focus on achieving your individual and family financial goals while safeguarding the emotional well being of the entire family. Our attorneys understand that the best interests of your children are of primary importance. Finally, our lawyers are committed to helping their clients resolve their family issues amicably without resorting to court intervention. |
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Our Attorneys are: |
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Collaboratively trained lawyers… |
having successfully completed the requisite training by a team of professionals from the
International Academy of Collaborative Professionals.
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Accredited Professional Mediators… |
| by the New Jersey Association of Professional Mediators. |
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Experienced Family Lawyers… |
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who understand the issues involved in divorce and other family disputes.
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Benefits of Collaborative Divorce over Litigated Divorce: |
- Encourages cooperation and rather than creating conflict between the parties.
- Reduces emotional turmoil and stress instead of aggravating painful emotions.
- Enables parties to negotiate their own agreement with the help of lawyers rather than judges deciding for them.
- Allows mental health and financial professionals to work together and not assume adversarial positions.
- Provides for negotiations conducted in a dignified manner and not lawyers and their clients taking adversarial positions and battling against each other.
- Offers relaxed, non-confrontational setting which fosters innovative solutions rather than crowded courtrooms leading to imposed and unwanted outcomes.
- Maintains confidentiality of personal and financial information rather than such information becoming matters of public record.
- Saves time and avoids the lengthy delays of prolonged litigation.
- Saves money and avoids the high cost of litigation.
- Proceeds on agreed upon timetable rather than on court imposed deadlines.
- Empowers couples to determine their own futures and avoids pressure to settle on the eve of trial.
- Allows couples to decide what is in the best interest of their children rather than a determination being made by a judge.
- Allows couples to heal and move forward rather than creating strained relations between family law members.
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How is Collaborative Divorce Similar to Mediation? |
- It is a more civilized and affordable alternative to divorce litigation.
- It is a faster way to resolve the matter and avoid protracted litigation.
- It encourages cooperation and reduces conflict between the parties.
- The process reduces the anxiety and stress associated with marital disputes.
- The parties negotiate in a relaxed, non-confrontational setting rather than assume adversarial positions in court.
- There is voluntary and full disclosure of relevant financial documents.
- The parties play an active role in determining the outcome rather than a judge deciding what is best for the family.
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How is Collaborative Divorce Different from Mediation? |
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