Collaborative Law

Attorney Esther Lerner in the San Francisco family law firm of Lerner · Poole, LLP is trained in the use of Collaborative Law to assist divorcing spouses who wish to work through dissolution issues in a respectful, non-adversarial setting.

Collaborative law is similar to mediation in that is an alternative to the courtroom designed to resolve issues with less stress and conflict than is normally associated with a trial or hearing.  However, while in mediation, attorneys do not generally take an active or leading role in the process, in collaborative law, attorneys are required to be present and active.  Collaborative law attorneys enter the process with the understanding that if it proves unsuccessful, they will withdraw from the representation.  The parties are still free to take their divorce to the courts, but they must retain new counsel in order to do so. 

The success of collaborative law relies on the commitment of the spouses and their collaborative family attorneys to exercise honesty, cooperation, professionalism, and integrity in working toward an agreement that will provide for the future well-being of each spouse and, if there are children, the family as a whole.

WHY COLLABORATIVE LAW?

• Avoids Court -The process remains focused on settlement without the constant threat of court intervention.
• Saves Money -The process is generally less time-consuming and less costly than litigation.
• Client is in Charge -You control the proceedings as a vital part of the settlement team.
• Addresses Both Parties' Needs -The end product is a reasonable settlement that addresses and meets the needs and concerns of both parties, rather than those of the most outspoken or the most adversarial party.
• It Works - Early non-adversarial participation by the collaborative family law attorneys allows them to use analysis and reasoning to solve problems, generate options, and create a positive context for settlement, skills that are lost in an adversarial process.

HOW DOES IT WORK?

• Informal Setting -All issues are resolved through informal 4-way conferences with both parties and their lawyers present.
• Cooperative, Open Approach - Each spouse commits to a complete, open, and honest exchange of information.  Any required experts or consultants are chosen jointly.
• Creative Problem Solving - The collaborative lawyers guide the clients toward constructive resolutions, tailored to the family's needs.  Your spouse and his or her attorney are treated as part of a settlement team, not as adversaries.
• Committed Specialists - Collaborative attorneys are experienced family lawyers who have been specifically trained in collaborative negotiation and cooperative, non-combative behavior.  These attorneys also have a financial incentive to succeed: they must settle the case or withdraw from the representation.

GETTING STARTED

• Talk About Collaborative Law With Your Spouse
• Select Collaborative Attorneys
• Meet With Your Attorney
• Attend the First 4-way Meeting
• Sign the Collaborative Agreement

If problem solving is more important than fighting, and if you and your spouse both want solutions that are fair to each other, you should consider using Collaborative Law to resolve your divorce.  Our certified Family Law Specialists are experienced mediators specially-trained in the use and methods of Collaborative Law.  Contact Lerner · Poole, LLP today for a low-conflict, collaborative approach to your divorce, call today 415-692-5597.