Collaborative Family Law
A New Approach to Family Law Disputes
We believe that the traditional role of an attorney in conflict resolution, created by the hostile, combative environment of traditional court proceedings, is obsolete, counterproductive, and destructive to families. We offer instead an option to assist families in an attempt to resolve conflict lovingly. This healthy, enlightened alternative is a process that derives much of its inspiration from the information that has been generated in the science of psychotherapy. It involves an analysis of wants, needs, and desires in light of all available resources and creative alternatives. We understand that the best interests of all concerned can be accomplished on a collaborative basis. Energies are focused to assemble all of the various members of the helping professions to assist and facilitate the collaborative divorce. This includes accountants, actuaries, appraisers, and experts in child development and parenting. In this enlightened atmosphere, there exists ample opportunity for creativity and growth.
Collaborative Family Law is a new way of handling family law matters, including divorces. It is a method whereby the attorneys for both parties to a family law dispute agree to assist in resolving conflict using cooperation and problem-solving strategies rather than adversarial approaches and litigation. Negotiations between the two parties and their attorneys are interest-based rather than positional. In other words, each party's interests are considered when crafting a resolution rather than only sticking to one party's position and not varying from that position. Collaborative Family Law differs from traditional litigation in that each spouse and his or her lawyer sign a Collaborative Agreement up front which outlines their behavior throughout the entire process. In this document, the parties agree not to litigate and agree to negotiate in good faith. No court proceedings are permitted during the proceeding of the collaborative law process. If the negotiations break down and one party decides to go to court, both attorneys must withdraw and the clients must hire new attorneys. By agreeing to this condition, the collaborative lawyer shares the risk of failure that attorneys in litigation or mediation do not. The collaborative lawyer becomes responsible, therefore, for managing the unreasonable client and limiting unreasonable positions in order to come to a successful outcome.
The attorneys agree to withdraw if the client fails to honor the Collaborative Agreement. Also, most experts are retained jointly as neutrals within the collaborative process. This prevents both parties from having a 'hired gun' who will automatically side with the party who is paying him. Negotiations are handled on an informal level, with each party attending a series of structured '4-Way' meetings in which both spouses and the two attorneys sit down at a table and discuss the resolution of the divorce. One major difference between collaborative family law and other approaches is that the clients themselves craft the terms of their divorce and the final outcome rather than having an outside third party (such as a judge or jury) decide the outcome for them. This process only works when both parties agree to use it.
McGaughey & Spirito represents clients throughout Southern California, including Torrance, Redondo Beach, Hermosa Beach, Manhattan Beach, San Pedro, Palos Verdes Estates, Rolling Hills, El Segundo, Encino, Commerce, Palmdale, Long Beach, Santa Monica, Pasadena, San Gabriel Valley, Norwalk, Burbank, Van Nuys, Los Angeles, and more.
To find out if McGaughey & Spirito can assist you with your family law needs, contact us at (310) 787-8783 or email us here.
