The unique feature of Collaborative Family Law is a four-party contract signed by both estranged spouses and both lawyers. The contract commits all four individuals to working in a cooperative manner to arrive at unique, creative solutions to the problems facing that specific family.
In particular, the spouses agree that they will not start court proceedings unless all efforts at collaborative resolution have been completely exhausted. But even more important is the agreement by the lawyers that they will not go to court on behalf of these clients at any time. Thus, if negotiations break down and one spouse decides to head for court, two new lawyers will have to be hired.
Both spouses realize that this would result in a wasteful duplication of legal fees. This gives them a keen incentive to remain at the negotiating table and to avoid court proceedings if at all possible.
Both lawyers realize that they might lose a client not only if their own client is dissatisfied with their efforts but also if the party on the other side becomes alienated. Therefore, the lawyers have an incentive to:
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be courteous and respectful to both spouses; |
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ease hostilities between the spouses; |
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develop innovative solutions that will be acceptable to both sides and keep them at the bargaining table. |
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