Collaborative Law

When a couple is approaching divorce with many points of agreement and a desire to jointly create a marital settlement that works for their family, the alternative dispute resolution processes of mediation or collaborative law are generally the best options to find successful and mutually satisfying agreements. At the Law Offices of Shirley D. Jacobs, we work with couples to find solutions that work for them.

Why Choose Collaborative Law?

Although collaborative law is typically more costly than mediation it is generally less costly and time-consuming than litigating a divorce case, property division or child custody case in court. For couples who want to be in charge of their own decision-making but need the support and legal expertise of an attorney, collaborative law is the best option.

Should You Choose Collaborative Law?

• The collaborative law process will only work when both parties have agreed to participate and are committed to making a good faith effort

• Collaborative law cases may involve more complex issues than mediation. There may be businesses or complex estates that require equitable division and experts may be called in to provide opinions and information.

• There may be a power imbalance within the relationship that can be at least partially offset by the presence of a supportive collaborative attorney.

• Choose collaborative law when there may be a knowledge imbalance, or the parties may feel better supported by having a lawyer available to answer questions Or

• When there may be some degree of distrust between the two parties.

What Does the Collaborative Law Attorney Do?

Unlike mediation where the couple works with one mediator, the collaborative law process includes the couple as well as two attorneys, one representing each party. The attorney provides support, information, and legal advice, and protects the interests of her client. The attorney will be much more proactive in the collaborative law process.

The collaborative session begins by identifying the issues upon which the couple can agree, and then moves on to the issues where there is less agreement, using reflective listening and opportunities for the lawyers and clients to confer and to hear from experts—such as child psychologists or business valuators—in order to help the couple reach resolution. We work with child psychologists who are specially trained in the collaborative law process.

Sometimes the collaborative divorce process does not work and a case will go to litigation. The effort at collaboration is not wasted; any agreements that the couple reached can form the basis of the court’s final decision. And the process itself may have been helpful in allowing the couple to define their needs and goals.

If you would like to learn more about the process of collaborative divorce, please contact a Freemont collaborative family law attorney at the Law Offices of Shirley D. Jacobs.

The attorneys at the Family Law Offices of Shirley D. Jacobs provide comprehensive family law services to residents of Pleasanton, Fremont, and Walnut Creek, California, and the East Bay area, including Alameda County and Contra Costa County and the nearby cities of Walnut Creek, Fremont, Martinez, Danville, Lafayette, Moraga, Orinda, Livermore, San Ramon, Union City, Hayward, San Leandro, Alameda, Emeryville, Dublin, Berkeley and Oakland.