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Collaborative Law, also known as Collaborative Practice or Collaborative Divorce, is a voluntary dispute resolution process often used in family law situations. In Topeka, Kansas, as in much of the United States, collaborative law provides an alternative to traditional adversarial litigation. Clients and their trained collaborative attorneys commit to creating solutions that consider the needs of all concerned parties, without resorting to court proceedings. Other professionals, such as child specialists, financial specialists, or mental health professionals may also be members of the collaborative team.
Engaging a lawyer who is trained in collaborative law can be beneficial in multiple scenarios. Consider seeking legal advice when dealing with divorce proceedings, child custody negotiations, or family estate disagreements. A collaborative law attorney can help guide negotiations, protect your legal rights, and ensure all parties are working towards a mutually beneficial resolution. This approach can reduce animosity and improve post-conflict relations.
In Kansas, the use of Collaborative Law is sanctioned by the Kansas Supreme Court. In this process, lawyers and clients sign a participation agreement that includes a "disqualification clause." If the process fails and the parties must go to court, the attorneys can no longer represent their clients. This clause motivates everyone involved to achieve resolution collaboratively, and to keep the process transparent and respectful.
In traditional litigation, parties each hire attorneys to represent their interests and often, the goal is to ‘win.’ Collaborative law, on the other hand, involves voluntary disclosure of information and a commitment to negotiate a mutually acceptable agreement without court involvement.
Yes, each party in a collaborative law action usually retains their attorney. However, these attorneys agree to cooperate rather than litigate. If the collaboration fails, the attorneys must withdraw from the case.
If parties can't reach an agreement in the collaborative process, they can opt for mediation, arbitration, or litigation. However, they will need to hire new lawyers as their collaborative lawyers cannot represent them in court.
Though it depends on the complexity of the situation, often collaborative law can be less costly than traditional litigation. This is because it eliminates the expense of court and encourages quicker resolution.
Yes. Collaborative law sessions are private and confidential. The details discussed during these sessions cannot be revealed in court.
The International Academy of Collaborative Professionals (IACP) is a global community of legal, mental health and financial professionals working in concert to create client-centered processes for resolving firm disputes. You can also seek out the Kansas State Bar Association’s resources on collaborative law for more local information.
If you require legal assistance in the realm of collaborative law, start by shortlisting collaborative lawyers within the Topeka area. Arrange consultations with these lawyers to assess their compatibility with your case. Review the specifics of your situation with your chosen lawyer, understand the collaborative law process, and set expectations. Yours and your lawyer’s shared goal should be to achieve a resolution that respects the interests and rights of all parties involved.
