Collaborative Law
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Collaborative Law
Dispute Resolution without Expensive Litigation
Litigation can be protracted and expensive for most people. However, in Arizona, you can solve a legal dispute without actually going to court. In 2016, Arizona formalized Family Court Rules, which allows litigants to settle cases without the hassle of a trial. Yet many litigants and lawyers are still unaware of this Rule and its application’s benefits for their cases. Canterbury Law Group has attorneys who are highly experienced with the practical aspects of Arizona’s collaborative law provisions. Our law firm can help you settle your case out of court in the most advantageous and cost-efficient manner possible.
Collaborative law is a voluntary dispute resolution process where both parties agree to settle the issues at hand without going to court. The law applies to a variety of cases that our attorneys can help you resolve sans a trial, including:
- Divorces, legal separation, marriage annulments, and marriage dissolutions
- Property division among spouses
- Negotiating parenting time, visitation rights, and legal decision-making in custody disputes
- Setting up child support, spousal maintenance (alimony)
- Legal adoptions and parentage
- Prenuptial, marital and post-marital agreements
Collaborative Dispute Resolution Benefits to Our Clients
SAVE MONEY – Collaborative law case are much less expensive than pursuing traditional lawsuits through the court system. Litigants pay less in attorney fees, court fees, and other similar fees.
BETTER ACCESSIBILITY – The traditional litigation process is largely closed to the average litigant. With the collaborative approach, clients are empowered and have more access to the legal system and transparency within their case.
ADDRESS EMOTIONAL CONCERNS – Unlike with the court-directed lawsuit process, which prioritizes legal rules and regulations above all else, the collaborative process has room to address parties and children’s emotional concerns.
MORE POWER TO LITIGANTS – Collaborative dispute resolution is self-directed. Litigants have a say in how the negotiations go much more so than with the traditional process. The litigants drive the deadlines and momentum, not the court.
GET INFORMED – Litigants are involved in the collaborative law process, which means you will be informed of the laws and other legal aspects of your case. If the case eventually has to go to court, you would still have the benefit of being highly informed when you enter the court house. More than 95% of collaborative divorce cases never end up in court other than to finalize the final decree and joint parenting plan.
Our Approach to Collaborative Law
Collaborative dispute resolution begins with the parties involved signing a participation agreement that specifies the issue requiring legal resolution. The parties agree to proceed in good faith to reach a genuine settlement that is mutually acceptable. Finally, the parties agree that should the collaborative process break down, or fail, that neither party will be allowed to keep that same lawyer when redirecting the case back to a conventional courthouse and conventional litigation.
You and the other litigants involved will voluntarily disclose all information relevant to the case without involving judges or the police.
Our law firm will provide you with a highly qualified attorney to represent you in the collaborative negotiations until a settlement is reached. The representation ends if the case goes to court, in which case an experienced trial lawyer will undertake your case. At that point you would have to engage alternative legal counsel.
In addition to your lawyer, the negotiations will proceed with the help of financial, mental health, or other collaborative professionals with expertise in the subject matters at issue as necessary.
Canterbury Law Group attorneys are dedicated to representing your best interests during collaborative law negotiations. We provide affordable and empowering access to one of the most effective legal methods now available in Arizona to avoid contested legal proceedings. Collaborate and mediate—don’t litigate.
Contact us today to schedule your initial case review. We’re here to help!