Fort Lauderdale Collaborative Family Lawyer
At Trachman & Ballot-Lena, PA, our Fort Lauderdale collaborative family lawyers are proud to offer a comprehensive range of family law services to clients throughout South Florida. We help people find effective and amicable resolutions to even the most challenging of family law issues — while at the same time always ensuring that our clients’ rights and interests are fully protected. For a free, no obligation review of your divorce or family law case, please reach out to us at our Fort Lauderdale, FL law office today.
What are the Benefits of Collaborative Law?
Collaborative law is a form of alternative dispute resolution (ADR) that divorcing couples and others can use to resolve family law issues. In Florida, this process is governed by the Collaborative Law Process Act (CLPA). Although it is not appropriate for every situation, collaborative law offers a number of different advantages, including:
- A Non-Adversarial Process: First and foremost, collaborative law promotes a fundamentally non-adversarial process of dispute resolution. This is especially valuable in the family law setting, where the parties often have mutual interests. Collaborative law recognizes the importance of ensuring that everyone’s voice is heard and the family relationship is preserved for the long term.
- Maximum Control: With collaborative law, the parties will retain full control over the process. You will not be put in a box, nor will you be bound by a one-size-fits all solution. Collaborative law is non-binding — meaning you are not forced to stick with the process if it is not working. You always have the option to withdraw and pursue litigation or another method of dispute resolution.
- Strict Confidentiality: Finally, collaborative law proceedings are confidential. The specific issues discussed and any agreement reached will not become part of the public record. You and your family will be able to maintain your privacy.
The Collaborative Family Law Process
At Trachman & Ballot-Lena, PA, our Fort Lauderdale collaborative family lawyers have extensive experience handling the full range of family law cases. We work tirelessly to protect the rights of our clients, with a focus on helping people find amicable solutions and on preserving important familial relationships. For a free, no obligation review of your case, please do not hesitate to contact us at our Fort Lauderdale office today.
Understanding the Collaborative Law Process in Florida
A form of alternative dispute resolution, collaborative law is designed to help divorcing couples and other potential family law litigants find mutually workable and effective solutions to difficult issues. Signed into law in 2016, the Collaborative Law Process Act (CLPA) sets up the basic rules and procedures that govern collaborative law proceedings in Florida. The CLPA includes four broad principles:
- The parties entering the collaborative law process are voluntarily pledging not to litigate their case;
- The parties are committing to providing full and transparent information to each other, including all relevant documents and records;
- The parties will work in a non-adversarial manner to find solutions that are fair, reasonable, and that uphold the highest priorities of themselves and their children; and
- The negotiation process will be strictly confidential, and no part of it will become public record.
In summation, collaborative law is a voluntary and confidential process that encourages people to work together to solve potentially challenging family-related legal matters.
How Collaborative Law Works in Florida
To initiate the collaborative law process, each party should seek counsel from a qualified collaborative lawyer. Florida law mandates that each side must hire a qualified attorney. As this is a unique, specialized dispute resolution process, you should find an attorney who has training and previous experience representing clients in collaborative proceedings.
Next, all parties and their attorneys must sign a participation agreement. Among other things, this is a voluntary agreement not to litigate the case. Once this agreement is signed, any ongoing litigation will immediately be stayed. To be clear, signing this agreement will not completely close off your option to litigate in the future. However, your collaborative lawyer can not represent you in any related lawsuit. If you choose to withdraw from the collaborative process and litigate your case, your attorney will also be required to withdraw representation.
Once the participation agreement is in place, the collaborative negotiations can begin. Each party and their attorney will meet for face-to-face discussions and negotiations. As collaborative attorneys are trained in helping clients find mutually amicable resolutions and are restricted from participating in any litigation, the process is set up to provide a non-adversarial atmosphere that will facilitate a successful agreement.
How Our Broward County Collaborative Family Lawyer Can Help
Before entering the collaborative law process, it is essential that you consult with an experienced Fort Lauderdale collaborative attorney. Under Florida law, you are required to hire a lawyer who has collaborative law training. As these cases are unique, you need an attorney who knows how to facilitate a resolution while also protecting your rights and interests.
At Trachman & Ballot-Lena, PA, we have lawyers on the team who are active members of the Collaborative Family Law Professionals of South Florida. When you call our law firm, we will take the time to review your case, understand your objectives, answer all of your questions, and explain the specific steps of the collaborative law process to you.
Ready to Find Out More About Collaborative Law in Fort Lauderdale?
Our legal team is here to help. At Trachman & Ballot-Lena, PA, our Florida family lawyers are committed to helping our clients find collaborative, amicable solutions wherever possible. To set up a free, strictly confidential with a collaborative divorce attorney, please do not hesitate to contact our law firm today. With an office in Fort Lauderdale, we serve communities throughout Broward County.
