Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Or refine your search by selecting a city:
Refine your search by selecting a city.
Collaborative Law is an alternative dispute resolution process used primarily in family law cases, such as divorce, child custody, and property division. In North Carolina, Collaborative Law offers couples and families a non-adversarial approach to resolve disputes respectfully and privately, without going to court. With this method, both parties are represented by their own trained collaborative lawyers, and all agree to work together openly toward a mutually acceptable resolution. The goal is to reduce conflict, preserve important relationships, and maintain control over decisions, rather than having a judge decide for you.
Collaborative Law can be an effective way to reach a fair settlement without litigation, but the success of the process depends heavily on legal guidance. You may need a lawyer if:
North Carolina recognizes and governs Collaborative Law under the North Carolina General Statutes Chapter 50, Article 4. The law sets out the framework for the process, including participation agreement requirements and the roles of attorneys. Key features include:
This process fosters transparency, voluntary exchange of information, and problem-solving discussions that often result in more satisfactory and lasting outcomes than adversarial court cases.
Collaborative Law is a legal process where both parties work with their own lawyers in a series of meetings to reach a settlement agreement without going to court. It is commonly used in divorce and family law cases in North Carolina.
In Collaborative Law, each party is represented by a collaborative-trained attorney, and the parties commit to not going to court. Mediation involves a neutral third party who helps facilitate discussions, and parties may or may not have legal representation. Collaborative Law usually includes more direct legal advice during the process.
Yes. North Carolina law specifically recognizes and regulates Collaborative Law under General Statutes Chapter 50, Article 4, establishing formal procedures and attorney roles.
Collaborative Law can address divorce, property division, child custody and visitation, child support, alimony, and other family-related matters. Some practitioners also use it for estate, business, and employment disputes.
Collaborative Law may not be suitable if there is a history of domestic violence, substance abuse, or significant power imbalances, or if one party is unwilling to participate openly and transparently.
If the collaborative process breaks down, your collaborative attorneys are required to withdraw, and neither party can use those attorneys in future litigation. You may then proceed to court with new legal representation.
Yes. Once a settlement agreement is reached and properly documented, it is a binding legal contract. The agreement can also be approved by the court and incorporated into a court order if desired.
It varies depending on the complexity of the issues and the willingness of both parties to negotiate. Many cases resolve in three to six meetings, making it significantly quicker than most court cases.
Yes. The collaborative team may include neutral financial specialists, child specialists, or mental health professionals, all working to support a fair and informed agreement.
Search for attorneys who have completed collaborative law training and who are members of local or state collaborative law groups. See the resources section below for more information.
These organizations can help you locate trained collaborative law practitioners and provide useful educational materials about your options.
If you are considering Collaborative Law in North Carolina, review whether this approach fits your needs and those of the other party. Contact qualified collaborative law attorneys to discuss your situation and get more detailed advice. Ask about their experience, costs, and training in Collaborative Law. Schedule an initial consultation to determine your comfort with the process and begin drafting a Collaborative Law Participation Agreement if both parties are agreed. If you have questions or need additional support, reach out to one of the resources listed above or a local court self-help center for further guidance.
