For more information on Collaborative Law in Family Mediation, see the articles below:

Collaborative law — solving disputes the friendly way - January 2005
"Divorce -- Collaborative Style"
Divorce, Without the Courts

A new form of alternate dispute resolution has arisen in Colorado and Patricia Riley is one of the charter members of this new group.

Collaborative Family Law is a team approach to the domestic process. The goal is to settle the case by cooperation, by disclosure, and by using all the resources available to the parties and both lawyers to find and use practical solutions to the problems as they arise.

You may have heard of mediation as an alternative to court proceedings, and I agree mediation is a good process as well. However, in the mediation process, often the people have no legal advice, or legal representation. Some people get bullied or steamrolled, or make agreement without full information about the consequences. Mediation works best with legal representation and in most divorce cases the attorneys will recommend mediation and ask to be included in the process. With Collaborative Law you have your own lawyer. To qualify as a Collaborative Lawyer, the attorney must have substantial years of experience, and have received special training as well.

Some ninety percent of all legal actions eventually settle out of court before trial. Many reach settlement only after years of financially and emotionally draining adversarial negotiation and trial preparation. Collaborative law -- the practice of settling cases without court intervention -- provides an alternative.

To reach a settlement, both lawyers pledge not to take the case to court. The lawyers initiate four-way meetings between themselves and their clients. The meetings promote improved communication, encourage reasoned solutions, and create a positive settlement environment while giving the parties control over their own outcome.

Lawyers who practice collaborative family law protect the privacy and dignity of all involved in the process. They uphold standards of integrity and, if inconsistencies or mistakes are discovered, seek to correct them. If you cannot reach a settlement, this means the process has not been successful, or one party is insisting on litigation, both lawyers much withdraw from the case and both lawyers assist their clients to find trial lawyers, to work a quick, efficient transition.

This approach is intended for couples determined to avoid the costs and trauma of litigation and settle their domestic dispute on their own terms. It is questionable if this process is appropriate when there are issues of domestic violence, or serious substance abuse problems.

For more information, check with Colorado Collaborative Family Law Professionals.

For your easy review, we are listing many of the basic principles of Collaborative Law below. If it is something you think might work, please call us.

Can you agree to the following basic principles, in your divorce?

1. NO COURT OR OTHER INTERVENTION

a). We commit ourselves to settling our case without court intervention.
b). We agree to give full, honest and open disclosure of all information, whether requested or not.
c). We agree to engage in informal discussions and conferences to settle all issues.
d). We agree to direct all lawyers, accountants, parent-child consultants, therapists, appraisers and other consultants retained by us to work in a cooperative effort to resolve issues without resort to litigation or any other external decision-making process except as agreed upon.

2. PARTICIPATION WITH INTEGRITY

a). We will work to protect the privacy, respect and dignity of all involved, including parties, attorneys and consultants.
b). We shall maintain a high standard of integrity and specifically shall not take advantage of each other or of the miscalculations or inadvertent mistakes of others, but shall identify and correct them.

3. CHILDREN'S ISSUES

a). In resolving issues about sharing the parental rights and responsibilities, and sharing time with our children, the parties, lawyers and therapists shall make every effort to reach amicable solutions that promote the children's best interests.
b). We agree to act quickly to mediate and resolve differences related to the children to promote a caring, loving and involved relationship between the children and both parents.
c). We agree not to seek a formal parenting time evaluation or request the appointment of a Special Advocate, while the matter is a collaborative law case. We do agree, however, that we request that a parent-child consultant give us input as to what is in our children's best interest.
d). We agree to insulate our children from involvement in our disputes.
e). We agree to attend a Parenting After Divorce Class as required by the Court.

4. NEGOTIATION IN GOOD FAITH

a). We acknowledge that each of our lawyers is independent from the other, and represents only one party in our collaborative marital dissolution process.
b). We understand that the process, even with full and honest disclosure, will involve vigorous good faith negotiation.
c). Each of us will be expected to take a reasoned position in all disputes. Where such positions differ, each of us will be encouraged to use our best efforts to create proposals that meet the fundamental needs of both us and if necessary to compromise to reach settlement of all issues.
d). Although each of us may discuss the likely outcome of a litigated result, none of us will use threats of litigation as a way of forcing settlement.

5. EXPERTS AND CONSULTANTS

a). If experts are needed, we will retain them jointly unless all parties and their attorneys agree otherwise in writing.

6. CAUTIONS

a). We understand there is no guarantee that the process will be successful in resolving our case.
b). We understand that the process cannot eliminate concerns about the disharmony, distrust and irreconcilable differences which have led to the current conflict.
c). We understand that we are still expected to assert our respective interests and that our respective lawyers will help each of us do so.
d). We understand that we should not lapse into a false sense of security that the process will protect each of us.
e). We understand that while our collaborative lawyers share a commitment to the process described in this document, each of them has a professional duty to represent his or her own client diligently, and is not the lawyer for the other party.

7. ABUSE OF THE COLLABORATIVE PROCESS

a). We understand that our collaborative law attorney will withdraw from a case and/or will terminate the collaborative law process as soon as possible upon learning that his or her clients has withheld or misrepresented information or otherwise acted so as to undermine or take unfair advantage of the collaborative law process. Examples of such violations of the process are: the secret disposition of property, failing to disclose the existence or the true nature of assets and/or obligations, failure to participate in the spirit of the collaborative process, abusing the minor children of the parties, or planning to flee the jurisdiction of the court with the children.

8. DISQUALIFICATION BY COURT INTERVENTION

a). We understand that our lawyers' representation is limited to the Collaborative Law process and that neither of our lawyers can ever represent us in court in a proceeding against the other spouse.
b). In the event the Collaborative Law Process is terminated, and an adversarial court filing is pursued, both lawyers will be disqualified from representing either client.
c). In the event that the Collaborative Law Process terminates, all consultants will be disqualified as witnesses and their work product will be inadmissible as evidence unless the parties agree otherwise in writing.

For more information, check with Colorado Collaborative Family Law Professionals.