What Happens in Collaborative Practice?

Elaine Kirsch, Esq. | Collaborative Law & MediationCollaborative Practice (“CP”) is generally more expensive than mediation and less expensive than Traditional Matrimonial Practice (“TMP”).  I recommend it in cases where one person believes that he/she is unable to mediate/negotiate without the help of their own advisor at their side, their own attorney.  In CP, I do not work as a neutral (as I would when mediating), I clearly am representing my client, and the other collaborative attorney is representing his/hers.  However, both the lawyers and the clients are committed to settlement of the case with a minimum of stress and expense, rather than to “keeping our little ducks in a row in case there is ever a litigation”.

How does collaborative law work?

  • The collaborative lawyers and clients sign an agreement stating that if anyone feels the need to pursue litigation, these lawyers must leave the case and the clients must hire other lawyers.

  • The collaborative lawyers have had extensive additional training to keep them focused on settlement and collaborative principles.

  • Elaine Kirsch, Esq.The clients are committed to resolving the divorce in a conference room rather than a court room.

  • Financial and Mental Health Professionals work as neutrals, giving their best professional help for the entire family, rather than representing one side against the other.