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Collaborative Approach

Divorce

In Collaborative Law, the traditional approach of bargaining from a specific position, backed by threats of litigation and court intervention, is replaced by an approach that settles cases respectfully. The approach meets the needs of both parties and the children, and still involves legal counsel, but it eliminates the threat of or fear of court intervention at any stage. Cooperation and a realization that the best means to meet the objectives of the individual, and family induce the parties to make the best of a stressful situation

This dispute-resolution process is based on a pledge in which both parties, and their attorneys, contractually agree that the collaborative trained attorneys will not go to court. The key ingredient of Collaborative Law is that the negotiation between the parties takes place in four-way meetings where both parties and their attorneys are present. All parties sign a Participation Agreement that sets forth the principles and guidelines for collaborative family law.

The Collaborative Law approach to divorce is based on three principles:

  • A pledge not to go to court.
  • An honest exchange of information by both spouses.
  • A solution that takes into account the highest priorities of each spouse and the children.


The key element of the Collaborative Law process is a commitment by the parties to work toward a negotiated settlement in a structured, non-adversarial setting that protects privacy and confidentiality, rather than resorting to litigation or court intervention. And even though the process is much gentler and well received by those who embrace it, the Collaborative process is not necessarily the best approach for everyone. The divorcing parties must be willing to work honestly, openly, and in good faith to arrive at a fair resolution without court involvement or intervention, and the attorneys should be specially trained in collaborative law.

If appropriate, the collaborative divorce process may involve a team approach, including financial advisors and mental health professionals as coaches and child specialists. The goal of the experts is to educate the parties and explore settlement options to meet the needs of both parties and their children.

This process encourages creative problem solving, win-win negotiations, and resolutions that meet the

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Law offices Jacob M. Rzepka 5035 Mayfield Rd. Lyndhurst, Ohio 44236 (216)-923-1309
Hours By Appointment - Evening and Weekend Appointment Available
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