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The Guerra Law Firm offers the new Collaborative Law procedure for resolving
family disputes.
Collaborative divorce is the newest method of alternative dispute resolution
in family law. In a collaborative divorce procedure, the parties and their
collaborative divorce attorneys agree in writing to use their best efforts and make a good faith
attempt to resolve their divorce on an agreed basis without resorting to
judicial intervention except to have the court approve the final settlement
agreement. It is agreed that all court action will be suspended while
the parties work on settlement and, if a settlement is not reached, all of
the lawyers are required to withdraw from the case. The parties and
their attorneys will normally meet several times to exchange information and
explore and negotiate disputed issues. The parties may elect to jointly hire any experts needed for the case, such
as financial advisors, appraisers, and mental health professionals. These neutral experts can be invited to
join in the settlement conferences to help the parties work through their
contested issues.
Although this procedure is not
appropriate for every divorce, it is especially useful when parties who have
unresolved disputes are both seriously committed to work together to find a
solution that benefits them both. It can be very effective for
special or difficult financial or co-parenting issues when the parties can
work together in an atmosphere of honesty and cooperation, geared toward the
future well-being of all family members.
If you are interested in a collaborative divorce, call
us to schedule a consultation. We will provide comprehensive and realistic
advice to you so you will have the information you need to decide the best
divorce procedure for your particular situation.
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