Civil Disputes & Collaborative Law Agreements
Collaborative Law
About Collaborative Law
Collaborative law is a new approach to resolving divorce related deputes. It is a structured process that provides an alternative to the court proceedings. Unlike the uncontested divorce, in which the parties already have a mutually satisfying settlement, collaborative law is the work in progress with a goal to reach such a settlement. As part of the collaborative law method, both parties retain separate attorneys, guiding them throughout the process.
Personal Service
The hallmark of our practice is personal service. Therefore, we work closely with our clients to ensure that their interests are properly protected. STEVEN IVY P.C. is servicing clients in several Illinois counties, including: Cook County, Lake County, DuPage County, Kane County, DeKalb County, Will County, McHenry County and Kendall County. Our clients can meet with us in eight Illinois locations, including: Chicago, Lisle, Northbrook, Oak Brook, Rosemont, Saint Charles, Schaumburg, and Warrenville.
Collaborative Law Process
In the collaborative law proceedings, both parties must agree to the mediation process. The purpose of the collaborative process is to reach a settlement, referred to as contractual agreement, that benefits the entire family. Each party is represented by an attorney, however, going to court is not one of the options. If the parties ask for the court intervention, the collaborative process terminates and both attorneys are disqualified from any further involvement in the case.
Collaborative Law Agreement
A successful collaborative process ends with signing of a contractual agreement. The agreement should include provision specifying that parties agree to refrain from any further court action relating to this case, disclosure of documents (both parties agrees to disclose all documents and not to take advantage of errors by either side). In addition, the agreement should address protection of children (both parties agree to minimize any negative impact divorce may have on their children), respect towards the opposing party and sharing experts.
Benefits of Collaborative Law
The most beneficial aspect of the collaborative law, is the fact that the parties to the case are in control of the proceedings. The outcome depends on their willingness to settle the case. Historically, this process has proven to be quite successful, with majority of cases resolved without a trial. The collaborative process can be completed within several months, which is a great improvement over the court system that may requires more than a year. The collaborative divorce process is also very private, unlike the court system that exposes many harmful statements and financial information to the public.