What is Collaborative
Law?
The collaborative practice
of law began in early 1990 in Minneapolis, Minnesota
where it was the concept of an attorney, Stu Webb. He
developed the principles of the practice and applied
them to his family law practice. While it is rooted
in family law, it is now being applied in other areas
of legal practice.
The collaborative practice
of law is now embraced by attorneys throughout the United
States as well as in Europe, England, Scotland, Ireland
& Australia. There are several practice groups in
Pennsylvania including Pennsylvania
Collaborative Practice (PaCP) - which was co-founded
by Linda S. Pellish in 2005. PaCP has attorney members
in Schuylkill and Berks counties.
For couples considering divorce,
collaborative law provides an alternative to the traditional
court-based divorce. The traditional divorce starts
with the filing of a lawsuit which begins a process
of one party "fighting" the other in order
to come out the "winner" in the end. In reality,
the traditional process takes a tremendous toll on the
family and there are usually no "winners"
at the conclusion. In contrast, the collaborative process
is non-adversarial.
Where is Collaborative Practice used?
The collaborative process can be used in many legal disputes. The process had its origins in family law but it is also appropriate in many areas of civil law, particularly where parties have an interest in maintaining important relationships after agreements are reached. This includes:
- Divorce, Support and Custody matters
- Probate/Estate and Trust conflicts
- Employment disputes
- Business disputes
How Does Collaborative Practice Work?
- Each party consults with and retains a trained Collaborative attorney
- Parties and attorneys sign a Participation Agreement in which they agree to negotiate respectfully, in good faith, and further agree not to go to court
- All negotiations take place in four-way meetings with clients and attorneys
- Parties address their goals for working in the process as well as their goals for the future
- Facts are gathered using open communication and voluntary disclosure
- If needed, parties seek assistance from jointly retained neutral experts—financial professionals, mental health professionals, divorce coaches, real estate appraisers, business evaluators—to assist them in gathering information
- Parties and attorneys explore options to solve disputes and come to agreement
- When parties reach agreement, attorneys prepare all documents for signature
- Lawyers “guide” the process and work to insure “safe” negotiations; the parties are responsible for all decisions and for the mutually acceptable agreement
- If, for any reason the process does not work, the attorneys must withdraw from the case, and the parties must retain new attorneys
The collaborative law process
creates a "win-win" experience for parties
and families despite the fact that they are going through
a difficult transition in their lives.
Linda S. Pellish
and Ronald R. Pellish are trained Collaborative Attorneys.
If the Collaborative Process is one you may be interested
in, call Pellish and Pellish at (570) 622-2338. If you would like more information about the Collaborative process, or you want to find collaborative attorneys in your area go to the following websites:
