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Both attorneys at Brittle & Brittle P.C. have been trained in the specialty of family law called "collaborative law." We are members of International Acadamy of Collaborative Professionals. There are literally hundreds of family law lawyers in Oregon, but only a handful have this unique, specialized training.
What is Collaborative Law?
Collaborative law is a positive alternative to family law litigation designed to keep families out of court and to preserve relationships. For many clients, it is an excellent alternative to the traditional adversarial system. Collaborative law is a “process” option, just as is traditional litigation. The difference is in the approach. Rather than each side starting off in an adversarial position, both parties come together with collaboratively-trained lawyers and agree not to litigate or threaten to litigate while working through the collaborative process. If either party chooses to go to court, both attorneys must withdraw and the clients must hire litigation lawyers.
What is Collaborative Negotiation?
Collaborative negotiation is similar to mediation and settlement negotiations in that it seeks to resolve issues outside of court. However, unlike traditional litigation, negotiations are made at four-way meetings with both clients and attorneys present. Also unlike litigation, collaborative negotiations are “interest-based”. This means that the negotiations focus on identifying what is most important to each party and how those interests can be met.
In addition to having the legal advice and guidance of their individual attorneys, clients also have the option of bringing in other professionals to assist the family. Often each client has a “divorce coach”, a mental health professional who helps the client work through the emotional complexities of a divorce. If children are involved, a “child specialist” may be hired to represent the interests of the children and to develop the best parenting plan for the family, with the input of both clients. Often a “financial specialist” is hired to assist in optimizing a financial settlement for clients. The financial specialist provides insight into long-term results of a contemplated settlement.
Clients report high levels of satisfaction with the collaborative process. The process allows clients to craft a solution that best fits their families, rather than leaving it up to a judge who is unfamiliar with the family. It provides clients with both legal and emotional support throughout the process and allows clients to proceed at their own pace, rather than one dictated by the court system. Finally, it allows for the preservation of relationships by maintaining regular communication, which is important to many clients especially when children are involved.
Contact us today to learn more about Collaborative Law or to discuss whether this process is right for you.
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