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The
choices a divorcing couple makes at the beginning of their
negotiations may well determine the way their divorce
turns out, the kind of relationship they have in the future,
and how their children adjust. The fact that they are
angry, sad, distrustful or anxious does not mean that
most are not capable of making good choices in how they
manage their divorce.
In
the traditional adversarial system, from the very outset
the parties are labeled and set off against one another
as "opposing parties." The concept of having
parties "opposed" to one another may unduly
aggravate the divorce-related issues and the inherent
conflict. In attempting to resolve the issues between
them in this oppositional framework, they may surrender
their ability to control the situation and the process
and ask the Court to ultimately determine the outcome.
The
heart of Collaborative Law is the belief, shared by the
parties and their attorneys, that it is in their best
interest and in the best interests of the family to resolve
differences with minimal conflict and without going to
court.
THE
GOALS OF COLLABORATIVE LAW ARE:
- To
help parties communicate calmly with each other and
express needs, interests and emotions appropriately.
- To
ask questions, help the parties hear each other and
offer creative and workable alternatives.
- To
provide a safe place and organized framework for the
parties to discuss each issue and reach agreement.
- To
prepare and file all written paperwork for the court
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