Family Law and the Collaborative Process

By Jenny L. Womack ©2006

Whether you have heard of collaborative law or not, it is certainly changing the practice of family law in Texas. In 2000, some of the top family lawyers in the state got together and decided litigation was not an effective way of handling family law disputes.

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What is Collaborative Law?

The collaborative process is a form of dispute resolution which removes the “win at all costs” approach to traditional litigation. With the collaborative process, parties and their attorneys contractually agree at the outset to settle their disputes without going to court. Parties avoid lengthy—and costly—“discovery” by agreeing to disclose and exchange all information required to make sensible and fair decisions. Potential result: a less expensive, less emotionally destructive, and more dignified resolution for both parties.

When disputing parties enter into the collaborative process, they agree to

  • Communicate honestly
  • Focus on important issues
  • Discuss issues only in a conference setting
  • Arrive at a final settlement out of court
 

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