Find Lawyers in San Diego, California for Collaborative Law: Family Law
Practice Area Overview
In traditional divorce litigation, the parties look to the court system and judges to resolve their dispute viewing the other as the adversary. The process can result in considerable emotional and financial cost to the family. Collaborative Law is a non-adversarial process that views a family in divorce as a family in crisis that has a series of problems to be solved, rather than a series of battles to be fought. The end goal is to meet the legitimate needs of everyone involved in a restructured family.
The process starts with both Husband and Wife retaining unaffiliated collaboratively trained attorneys who commit, in writing, not to go to court but instead to work together to help the couple reach agreements beneficial to all. If an agreement cannot be reached and one or both parties choose to proceed to court, the attorneys and experts are disqualified from proceeding further on an adversarial basis. With the focus on problem solving instead of adversarial representation, there is a strong likelihood conflict will be reduced, allowing the couple to resolve and reach agreements.
The parties meet privately with their respective lawyers and possibly additional experts, called “Team Members” who may include a child specialist, a neutral financial professional, and divorce coaches, all of whom perform a valuable service helping to minimize conflict and cost by guiding the parties towards an amicable resolution.
Collaborative law is similar to but differs from mediation in some significant respects. In mediation, a neutral third party (the mediator) facilitates the parties’ negotiation to help reach a settlement but cannot give legal advice, advocate for either side, or draft the final legal papers necessary. In Collaborative Law, both parties have independent lawyers present during negotiation to provide legal advice in an educational context, thereby empowering the clients to make informed decisions about their lives and their children’s lives. When agreement is reached, the collaborative lawyers will prepare all the papers necessary and will accompany the parties to court to finalize their case.
Certified Family Law Specialist – The State Bar of California Board of Legal Specialization Fellow, American Academy of Matrimonial Lawyers Partner, Chair of the Family Law Mediation Practice HIGHLY CREDENTIALED FAMILY LAW SPECIALIST Hildy L. Fentin has built a local and national reputation for excellence, integrity and professionalism, with over 35 years of experience handling complex Family Law matters. She graduated from Rutgers School of Law in 1980 and then gained admittance to the...
Sarah T. Schaffer, CFLS is a family law attorney and mediator, holding the prestigious Certified Family Law Specialist designation from the State Bar of California. Schaffer Family Law Group, APC is a full-service Mediation, Divorce, and Family Law firm dedicated to delivering practical & effective results to high net-worth clients. Ms. Schaffer builds her practice on a thorough knowledge of the law, excellent research skills, superior presentation to the court, and most of all calm, comp...
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