Each party hires a lawyer whose sole purpose is to get the most favourable outcome for their client but each keeping in mind that the process should remain as amicable as possible. This is in compliance with a participation agreement that both parties must sign.
A participation agreement is a legal document which spells out the terms under which the entire separation process must be held. It typically includes clauses that stipulate that the parties must disclose all information relevant to the separation from either side. It also stipulates that the parties will neither take the separation case to a court of law nor threaten to do so for the entirety of the process. The parties are also required to communicate honestly and respectfully until an agreement is reached and the process is concluded.
The practice of cooperative law has also been used because of its cost efficiency. Court procedures normally require the use of a legal representative to represent you in the process, paying for court sessions and other legal documents. Consequently, a divorce process that involves collaboration will hence be cost efficient for both parties as the parties can find a professional friend who will facilitate the participatory agreement.
As it was stated earlier this process does not favor one party more than the other as information exchanged between the two is open and negotiation takes place in the presence of a neutral representative. It allows both parties to state their ideas and solutions and a consent is reached whereby no one is left out.
There are some basic steps involved in this procedure especially in orange county the process may require each party to have an attorney who is supportive of mediation. The attorney must also be well versed with the negotiation process and understand the stipulation on the procedure. It is important that both spouses meet their attorneys separately so as to let the attorney know what you would want achieved at the end of the process.
All the parties can meet after the separate meetings and discuss the issues raised during the private meetings. The lawyer may facilitate the discussion or let the spouses talk and help them with clarifying the issues raised. This process may involve experts such as child custody expert and a financial professional in case the matter is hefty.
When all is said and done collaborative law may not entirely take away the ugliness of separation but it does, to a great extent, minimize the financial and emotional burden that the family would normally have to endure in a traditional divorce process. And in some cases allow the couple to part ways in a less hostile manner with each accepting the eventualities that face them.
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