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What is Collaborative Law?
Collaborative Law is a new and exciting concept in Family Law. It has been in
existence in the U.S. for nearly 15 years and is used in Canada as well.
Kurtz & Peckham is a member of
Colorado Collaborative Law Professionals
and Rocky Mountain
Collaborative Law Professionals.
The Collaborative Process is a shift from the traditional adversarial
approach to resolving disputes where each lawyer is an advocate and an
adversary. In Colorado there are approximately 100 attorneys trained in
Collaborative Law which requires the willingness and ability to adopt a new
paradigm in handling conflict.
The heart of the Collaborative Law Process is the shared belief of the
participants in family law matters that it is in the best interest of the
parties and their families that they commit to resolving their differences with
minimal conflict and without litigation. It is not for everyone. Both the
parties and their collaboratively trained attorneys agree to work together to resolve legal, financial
and child-related issues they face in a time of transition.
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"I had first heard about
collaborative law from my
estranged husband and decided to try it
because he wanted to. The coaches were great.
They helped us to communicate in
a more 'positive' way for the
kids. I think all divorce cases,
whether traditional or
collaborative, are hard when you
have been married a long time
and there are kids involved, but
I do think collaborative is a
better way to go. The financial
expert was very helpful and
worth every penny. My attorney
was helpful with the process in
trying to prepare me for all
angles of the dissolution and then
sitting back and letting us do the
talking. It helped because in
the end, what was decided was
what we both agreed upon. I
think this process is beneficial
for the children and I would
recommend this to others." - A
Collaborative Law client |
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How Does it Work?
The process is designed to empower the parties to reach their own agreements
that specifically address their unique concerns. The goal is an outcome that is
both more creative than and superior to results achieved in the traditional
adversarial process.
Collaborative Process relies on an atmosphere of integrity, cooperation,
openness, professionalism and courtesy that is consistently focused on the
present and future well-being of the parties and their children.
Enabling families in transition to maximize their financial, personal and
emotional resources while minimizing the negative economic, social and emotional
consequences of protracted hostile expensive litigation is the primary goal of
Collaborative Law.
Unique Benefits of Collaborative Law
-
Open Discussion of issues
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Minimize conflict
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Avoid Court
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Plan for the future
The use of whatever resources the parties find useful is part of the
Collaborative Law approach. Experienced, specially trained lawyers as well as
whatever other professionals might be of assistance including financial
professionals, counselors, employments advisors and others are available (as
needed) to address the individual concerns of the family. A unique feature
of collaborative law is the use
of communication coaches for the
parties.
Collaborative Law Professionals are committed to :
-
settling the case
without Court intervention
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giving full, honest and
open disclosure of all pertinent information
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engaging in informal
discussions and conferences to settle all issues
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spending as long or as
short a time as necessary to resolve the issues jointly and equitably
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refraining from using
the threat of litigation to force a settlement
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allowing
the clients to control
the proceedings
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supporting our clients,
acting as expert resources in the law, and working cooperatively with our
client's spouse and his or her attorney in resolving all issues
Among the benefits of Collaborative Law are:
-
a process with much less
fear, anxiety and stress
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the likelihood of a less
emotionally draining experience
-
a much greater
possibility that any children involved will be less adversely impacted
-
a greater likelihood
that the parties will be able to communicate with one another civilly in the
future
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an agreement you have
personally crafted
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privacy and
confidentiality in working out your situation
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a legacy of cooperation
and dignity and compassion for your children
Why Collaborate?
In an era where 50% of the population gets divorced and the court system is
over-crowded and underfunded, Collaborative Law provides a welcome alternative
to the traditional adversary approach to dissolution or other family related
matters.
If this sounds like a process that may be right for you, please feel free to
call Kurtz & Peckham at (303)893-3045 for a complimentary one half hour
initial consultation with an experienced attorney.
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Partner
Katharine D. Kurtz Specializes in Collaborative Law
Denver Collaborative Law Attorney, Katy Kurtz, founding
partner of Kurtz & Peckham, handles Collaborative Divorce Law Mediation,
Divorce, Dissolution of Marriage, Family Law in Denver, Jefferson, Adams,
Arapahoe and Douglas County. Member of the Colorado Collaborative Law
Professionals and the Rocky Mountain Collaborative Law Professionals.
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