There is a better way - Collaborative Law
Collaboratively trained lawyers can facilitate agreements that work for both sides, by helping clients articulate goals and generate options that best meet their interests. Control is maintained, privacy is preserved, and often a cordial, ongoing relationship can continue after the resolution of the case.
Mediation
As a trained mediator, Dan has a neutral role, facilitating settlement dialogue between parties. In family cases, lawyers are often not present, although each party prepares with his or her lawyer for the agenda of that day. There are three professionals involved, including the mediator, both lawyers, and in some cases, real estate appraisers, financial experts or other professionals.
Collaborative Law
In the collaborative law process, all negotiations occur in 5-way meetings, including the parties, their lawyers, and a collaboratively trained coach-facilitator. Each of the lawyers is physically present to protect the interests of his or her clients. Here again, the parties agree to hire experts as needed.
The collaborative law approach, also known as "collaborative process," can be more challenging than the adversary system. It may be much easier for clients to say “see you in court” and hand off the problem to judges or juries, rather than doing the hard work necessary to resolve disputes themselves.
The results can be truly rewarding, and the use of collaboratively trained coach-facilitators often reduces the cost.
Dan was among the first lawyers in Massachusetts trained in collaborative law. This alternative dispute resolution process requires a written commitment from the parties and their attorneys to resolve disputes fairly and respectfully—without litigation or court intervention.
As a Director and past-President of the Massachusetts Collaborative Law Council, Dan will describe the benefits and advantages of collaborative law, along with other process options. Dan will also help you decide if collaborative law is the best process for you.
The council brings together lawyers, financial planners and mental health professionals to help clients resolve conflict in a dignified and respectful manner.
Here's what you can expect in the collaborative law process:
- A focus on the goals that are most important to you
- Identification of the financial information and other data needed to help resolve the case
- Generation of as many options as possible to help you achieve these goals
- Evaluation and selection of the options best suited to meet your goals
- Preparation of a comprehensive written Separation Agreement that encompasses the selected options