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The
following
is reprinted
with permission
of the
San Francisco
Collaborative
Law Group
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Divorce
Resolution With Dignity
Collaborative Law relies on
the commitment of the
spouses and their attorneys to exercise honesty, cooperation,
professionalism and integrity in working toward the future
well-being of each individual, and, if there are children,
the family.
Early non-adversarial participation by the attorneysallows
them to use analysis and reasoning to solve problems, generate
options and create a positive context for settlement,
skills that are lost in the adversarial process.
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WHY
COLLABORATIVE
LAW?
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Avoids
Court
The process on settlement without the constant
threat of court intervention. |
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Saves
Money
The process is generally less time consuming and
less costly than litigation. |
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Client
is in Charge
You control the proceedings as a vital part of
the settlement team. |
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Addresses
Both Parties' Needs
The end product is a reasonable settlement that
addresses and meets the needs and concerns of
both parties, rather than the most outspoken or
most adversarial. |
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It
Works
It works if problem solving is more important
than fighting and if you both want solutions that
are fair to each other. |
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HOW
DOES IT WORK?
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Informal
Setting
All issues are resolved through informal 4-way
conferences with both of your collaborative lawyers
present. |
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Cooperative,
Open Approach
You and your spouse both commit to a complete,
open, and honest exchange of information. You
jointly choose any required experts or consultants |
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Creative
Problem Solving
Your collaborative lawyers guide you toward
constructive resolutions of issues that are tailored
to your family's needs. Your spouse and his or
her attorney are treated as part of a settlement
team, not as adversaries. |
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Committed
Specialists
Collaborative Attorneys are experienced family
lawyers who have been specifically trained in
collaborative negotiation, cooperative and non-combative
behavior. Your lawyers have a financial incentive
to succeed: they must settle your case or withdraw. |
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WHAT
IF WE CAN'T SETTLE
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If
you are unable to reach settlement through the
collaborative process, your collaborative lawyers
withdraw and you are both free to retain trial
attorneys to pursue the matter in court. |
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GETTING
STARTED
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Talk
With Your Spouse
Talk with your spouse about collaborative law;
share this formation with him or with her. |
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Select
Collaborative Attorneys
Each of you must have a Collaborative Law
attorney. Members of the San Francisco Collaborative
Law Group have been specially trained in the Collaborative
Law process, but there are other attorney's who
are well suited and willing to participate in
the process. If you already have an attorney,
ask him or her about Collaborative Law. |
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Meet
With Your Attorney |
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Attend
the First 4-way Meeting |
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Sign
the Collaborative Agreement |
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San
Francisco Collaborative Law Group
www.collaborativelawsf.com
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