Our Team Approach

Collaborative Practice San Diego promotes a team approach to divorce. The unique roles of the experts available to serve upon the Collaborative Divorce staff are as follows:

Role of The Collaborative Divorce Attorney

Both parties have a Collaborative family law lawyer. Within individual meetings with a client, and in joint sessions with the other lawyer and the additional party, each lawyer will:

• Represent the best interests of her/his respective client while sustaining the overall aim of the Collaborative process.
• Collaborate with the other lawyer and collaborative team to assist the parties in designing the settlement agreement that’s most suitable for their family.
• Facilitate the settlement talks and integrate client agreements into the final settlement paperwork.
• Prepare all of the paperwork that must be filed with a court of law.

Let’s dive in a bit deeper:

In a collaborative divorce, the attorney isn’t neutral. The collaborative divorce attorney acts as an educator, a resource, and an advocate for her or his client, as well as protector of the process of collaborative divorce.

A collaborative divorce attorney has to do the usual investigation, identification, and determination of the factors that surround the circumstances. The attorney also must manage the process, anticipate conflict, as well as ensure that their client is aware of his/her legal obligations and rights at play.

Research introduced at the Annual Conference of the Academy of Family Mediators in 1998 summarized the responsibilities and roles of collaborative divorce attorneys:

• advise their respective clientele of the law that applies to their situation

• exhibit and promote dignified behavior, mutual respect, and honesty

• guide clientele through the process of cooperative conflict by using disagreement as a method of achieving creative solutions to issues

• get familiar with their clientele and establish a rapport with all parties included in the process

• foster respectful listening and communication skills for all participants to promote the interests of both sides

• identify concerns and issues of all parties

• foster reality, reason, and stability under emotionally charged circumstances

• cooperate with each other and offer all necessary discovery and disclosure

• help the client to organize disclosure paperwork and understand the disclosure paperwork from the other side

• help to analyze the consequences of competing values and potential options

• respect all choices made by clientele even if they’re different from what the law might provide

• use neutral and clear language in both verbal and written communication;

• know that court isn’t a choice and avoid using adversarial techniques and tactics

• stay dedicated to finding efficient methods of helping the parties in attaining agreement, as well as overcoming impasses by employing neutral and mediation specialists to offer a 3rd opinion.

The attorneys are there as a reassurance to the additional person you’re attempting to resolve your problems the best way that you know how; and you’re doing it in an honest way.

The attorneys know all of the rules and laws involving a divorce; they’re able to help with all legal terms; make recommendations that you would not have considered otherwise, offer you information and assist you in communicating better with your partner. They’re representing you, attempting to get you a good deal, and at the same time, want to resolve your case. And in assisting you in understanding what’s to be done, everything runs more seamlessly, because there isn’t any confusion between both parties.

They’re additionally there to assist you in keeping what’s actually important in mind. The whole purpose of the collaborative divorce was because attorneys were tired of seeing spouses argue over furniture and pets – even though they were worth thousands of dollars. The primary concentration with collaborative law is keeping peace between wife and husband after the divorce. The focus of the process includes seeing that the kids are not impacted by it in a bad way for the rest of their lives. The attorneys are there to assist in keeping that perspective, because occasionally it might be lost on a bad day.

With the collaborative divorce attorneys, it’s simpler to come to an agreement understanding that your best interest is in mind. Also, that each side has an attorney backing them, and simultaneously understanding that everyone is working towards one goal. Divorce is hard and shouldn’t have to be performed over months in a court of law. Collaborative divorce attorneys save you money by not taking you through the trouble the court will. Collaborative divorce attorneys are your counselors in your corner for a less painful divorce.