Friday, December 5, 2008
Will Collaborative Law Work for Tough Cases?
Some attorneys and some potential clients have the mistaken idea that Collaborative Law is appropriate only for cases where everyone is nice and they are already pretty much in agreement.
The "nice" cases are usually, but not always, easy and rewarding to work on, but Collaborative Law is actually set up to handle more complex and difficult cases. Collaborative Law sometimes seems like overkill when everyone starts out pretty much in agreement, although problems often arise even in those cases.
Where the process is really appropriate and beneficial is the cases where two good people each have similar goals and haven't been able to come to an agreement. The process also is helpful where there may be some aggravating factors, such as an affair, difficult financial circumstances or special needs for the children, but the parties value the maintenance of an on-going relationship, typically for the benefit of children. Parties can make a choice between focusing on their future relationship or rehashing old arguments and reliving bad old times.
Tough cases are well served by Collaborative Law because neutral experts are used and because of the structure of the process that is followed from setting goals to reaching an agreement. For those who look forward, the neutral experts help them overcome past problems and learn new skills to communicate and deal with each other. In addition, most people prefer to deal with their personal problems in privacy, which is how Collaborative Law operates.
If you anticipate having a difficult divorce, you should consider using Collaborative Law to help you get through the experience with the best customized results and the least amount of damage to you. Make sure you talk with a trained Collaborative lawyer so you can get accurate information about your options. For more information about Collaborative Law, please look at the Texas Collaborative Law Blog. Good luck!