Collaborative Divorce Solutions in White Plains NY
Collaborative divorce offers a more private and non-adversarial alternative to litigation
Like divorce mediation, collaborative divorce is an alternative dispute resolution (ADR) process. However, in collaborative law (also referred to as collaborative practice) each spouse is represented by an attorney specifically trained in the collaborative process.
As the name implies, collaborative practice is a team approach. Depending on the circumstances, other professionals may be involved such as financial planners (financial neutrals) and mental health professionals.
Unlike mediation, if the collaborative process fails and the parties decide to pursue litigation, the attorneys must withdraw from the case and the spouses must hire new legal representation.
Is a Collaborative Approach to Divorce Right for Me?
Collaborative Divorce is appropriate for any couple who has discussed the possibility of divorce and chooses to go into the process willing to treat the other party with respect, sincerely wishing to remain “out of court.”
It is important to remember that when entering into a Collaborative Divorce arrangement, you and your spouse have open lines of communication as well as a desire to resolve issues without resorting to threats or “position taking”.
Divorcing parties engaged in the Collaborative process maintain a willingness to be totally transparent throughout, in the interest of achieving an amicable resolution at an affordable price.
Making a Commitment to Resolve Your Disputes Amicably
In the initial Collaborative meeting there are generally four individuals present – the divorcing parties and their lawyers. In this meeting, everyone enters into a contract, committing to settling matters without threatening a lawsuit or “going to court.”
The parties determine what additional team members, if any, will be helpful in resolving issues. The attorneys then assist clients in finding parenting specialists, financial specialists and divorce coaches as needed. These committed members of the Collaborative team provide valuable insight in reaching resolutions both parties can be comfortable with.
The Emotional Trauma of Divorce And How Collaborative Law Can Help
Why Choose Fredman Baken & Novenstern LLP
Neil Fredman, Ellen Jancko-Baken and Ken Novenstern have over 100 years of combined experience in the area of divorce and family law. They are collaboratively trained and work tirelessly with clients to achieve settlement agreements that reflect the goals of each party in an environment that promotes dignity and respect.