What happens if the collaborative model doesn't work?

In collaborative family law, both parties retain a specially trained collaborative divorce lawyer. As you may or may not know, both lawyers must disqualify themselves if a case breaks down and either party wishes to go to litigation.

By Divorce Magazine
January 09, 2008
CT FAQs/Collaborative Law

"What happens if the collaborative model doesn't work for us and we're not able to reach a settlement?"

In collaborative family law, both parties retain a specially trained collaborative divorce lawyer. As you may or may not know, both lawyers must disqualify themselves if a case breaks down and either party wishes to go to litigation. Proponents of this relatively new alternative dispute process say that this requirement virtually guarantees settlement, since your family lawyer's fees are so directly related to his or her ability to present a settlement option. It's motivating for all parties concerned who are invested in the process of negotiation to continue and to find solutions to all of the parties' problems. Just knowing that the divorce attorneys you’ve chosen will never litigate your case also creates a sense of trust. You can be more open and less fearful of the process. This, say experts, also helps result in an expeditious and fair settlement.

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By Divorce Magazine| January 09, 2008
Categories:  FAQs

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