Collaborative law is an approach to resolving family law conflicts that has spread across the United States and is particularly strong in Texas.
The collaborative law model is supported by a Texas state statute that requires all parties to agree to use the model and adhere to the outcome of the process. Each party, their respective attorney, and other participants in the process (e.g., mental health professionals, financial advisers) enter into participation agreements. These agreements spell out how all participants will work together.
Once participation agreements are signed, a letter is sent advising the court that the parties are participating in the collaborative law model and no court hearings will be set.
All parties agree that no one will file motions or ask the court to make any decisions while collaborative model is being pursued. The agreement also covers the obligation to make voluntary disclosures of important and relevant information as well as guidelines and norms regarding how they will communicate with one another.
The two parties in the matter, the attorney representing each party, and any other neutral participants in the model have a “four way” meeting governed by a carefully prepared agenda. They talk through issues outlined in the agenda and seek an agreement.
Because it is confidential and non-adversarial in nature, the collaborative law process can move issues along faster and with less antagonism than traditional litigation. This model has had a high success rate among the people electing to adopt it.
Is the collaborative law model the best-fit solution for your situation?
Take advantage of our free 20-minute consultation to find out if this option is right for you. Connect to calendar.