DIVORCE WITH RESPECT , DIGNITY

CREATE SOLUTIONS, NOT CASUALTIES

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                          WHAT IS COLLABORATIVE LAW?
"Negative events don't have to be responded to negatively."  Virginia Satir

Collaborative law is a fast growing and revolutionary approach to assist divorcing couples reach amicable solutions without court intervention. This healthy and enlightened alternative is a process that derives much of its inspiration from the information that has been generated in the science of psychotherapy. It involves an analysis of wants, needs, and desires in light of all available resources and creative alternatives. We understand that the best interests of all concerned can only be accomplished on a collaborative basis with solutions that are designed with the best interest of the entire family in mind.

With the aid of specially trained lawyers and other trained mental health professionals and financial professionals, as needed, the client's attention is focused on new ways to solve their family problems, since old methods have obviously failed. Each spouse is represented by her or his own attorney, but all four individuals are committed to creating a setting for "trouble shooting" when problem solving hits impasses, rather than resorting to fighting in court. When negotiations are difficult, when frustration and perceptions of injustice grow, lawyers and angry clients often fall into the trap of becoming adversarial. While there is never a guarantee that all cases will resolve amicably, in collaborative family law both lawyers and clients promise and commit themselves to finding a way to resolve disputes in a manner that is acceptable to the other, even if the process of doing so is difficult.

Mental health professionals may be used to aid the clients in dealing with emotional issues and communication problems between clients so that the negotiations are not destroyed. Clients learn that child-related decisions can be more difficult since each child has his or her own needs, often determined by their age and development.

One financial professional may be used to help design financial strategies that maximize the financial benefits for the entire family who no longer are one household, but two.

To maximize the potential for creative problem-solving and amicable resolution without any behind the scenes threat of court, each client contracts with her or his attorney not to engage in litigation. There is a promise that if good-faith negotiating fails after all efforts at consensus-building are explored, or if any party fails to disclose all pertinent information, then the collaborative process ends. Under the Collaborative contract, all communications which occur during collaborative meetings, and documents provided, as well as the use of the collaborative attorneys and other professionals are precluded from participation or admissibility in any future litigation. The collaborative attorneys must withdraw and new counsel for each party must be retained. All professionals involved in the collaborative process are precluded from being involved in the litigation process or subpoenaed by either party.


CARYL W. LEIGHTMAN                

(973) 564-5644       cleightman06@comcast.net

Three offices:             527 So. Springfield Avenue, Springfield, N.J. 07081

                                 141 Clarken Drive, West Orange, N.J. 07052

                                 87 West End Avenue, Somerville, N.J. 08876

The information contained on this website is not, nor is it intended to be, legal advice.  Consult an attorney about your particular family situation.