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Free Guide to Hiring a Family Lawyer
Collaborative Law, otherwise known as Collaborative Practice, is an alternative dispute resolution method commonly used in Atlantic City, US, particularly in matters of family law, such as divorce and separation. It's a process where both parties and their attorneys commit to resolving disputes without resorting to litigation. The assistance of professionals such as therapists, child specialists and financial consultants may also be sought. The proceedings are confidential and solutions are customized to suit the needs of the concerned parties uniquely.
Situations that commonly require legal help in Collaborative Law include divorce cases, child custody disputes, spousal support issues, division of assets and debts, family conflicts and business disputes. A lawyer can guide you through the process, ensuring your rights are protected and helping facilitate productive communication with the other party. Should the collaborative process fail and litigation become necessary, a new attorney must be hired as collaborative attorneys commit themselves to settle the matter out of court.
The regulations for Collaborative Law practice in Atlantic City are in line with New Jersey’s Collaborative Family Law Act. The Act promotes resolving disputes in a cooperative and non-adversarial manner. It establishes that during the collaborative process, attorneys shall not represent their clients in court-related proceedings related to the dispute. All information shared during the process is confidential and cannot be used later as evidence unless both parties agree.
If a resolution cannot be reached through the collaborative process, both lawyers must withdraw from the case, and the parties must hire new lawyers to pursue the matter in court.
While both are non-adversarial approaches, in mediation, a neutral third party helps both parties find a solution, whereas in collaborative law, each party retains independent attorneys to facilitate a settlement.
No. While the collaborative law practice is becoming more widespread, not all law firms offer it. It's advisable to look for a lawyer with specific training in collaborative law.
It varies depending on the complexities of the dispute, the willingness of the parties to cooperate, and the attorneys involved. It can range from a few weeks to several months.
While it's mostly used in family law, collaborative law can also be used in other areas of dispute including estate conflicts, employment disputes, and business-related matters.
For more information and support, you may want to check Atlantic County Bar Association, New Jersey State Bar Association’s Collaborative Law Section, and websites like Collaborative Practice and International Academy of Collaborative Professionals.
Should you require legal assistance in Collaborative Law, the first step is to find a lawyer who is trained in this field. The next step would be an initial consultation to discuss the specifics of your situation and decide whether the collaborative law route is suitable for you. If you proceed, you'll sign a Participation Agreement, indicating your commitment to resolve the dispute outside of the court.
