COLLABORATIVE PRACTICE

Ms. McKinley has been an active member of the International Academy of Collaborative Professionals since 2004, and is a past president of the Ithaca Area Collaborative Law Professionals.

 

Collaborative law is an alternative method for resolving divorce and family law issues. The collaborative process is designed to lead to settlement with a minimum level of acrimony. In collaborative law, the parties and their collaborative attorneys agree to resolve their differences without going to court. Together, the parties and their collaborative lawyers attend a series of meetings in which a mutually acceptable settlement is the only agenda.

 

For more information about the collaborative process, link to:

• International Academy of Collaborative Professionals
  • “Frequently Asked Questions”
• Ithaca Area Collaborative Law Professionals
  • “Frequently Asked Questions”

How does the collaborative process work?

In collaborative law, you and your spouse or partner sign a contract that disqualifies your collaborative attorneys from going to court against the other person. The collaborative attorneys are committed to conducting respectful and productive discussions with you, and do not engage in threats or scare tactics, but encourage you and your spouse or partner to listen to one another and come up with solutions that meet the greatest number of needs for your family.

 

Many couples who have children find it helpful to work with a child specialist as part of the process. The child specialist is a neutral consultant who can meet with you and your children to provide guidance about what might work best for your family. In addition to having the input of a professional with experience in family dynamics, using a child specialist as part of the collaborative process can save time and money by reducing the length of meetings and/or the number of meetings you might otherwise need with the attorneys.

 

Neutral financial consultants are also used in collaborative law to provide advice on matters such as income tax questions, retirement planning, and asset valuations.

 

Once you and your spouse or partner have reached consensus about your financial and parenting arrangements, the collaborative attorneys draw up a binding contract for each party to sign. That contract can then be turned into a court order by the collaborative attorneys, if you both desire to take that step.

 

Collaborative law is a good choice for couples who want to have legal assistance with negotiations, but who also want assurance that the lawyers are committed to staying out of court and proceeding in a respectful and cooperative manner.