The Collaborative Process is a voluntary alternative dispute resolution process in which the parties, not the Court, are in control of their case. The focus of the Collaborative Process is to reach a comprehensive settlement agreement that focuses on meeting the goals of all parties involved. If you opt into the Collaborative Process, you opt out of the Court system, which can be expensive, slow, and unpredictable.
At the beginning of the Collaborative Process, you and the other party retain collaboratively trained attorneys who can assist in navigating the Collaborative Process. Once the collaboratively trained attorneys have been retained, the parties and their attorneys decide whether it is necessary to retain other collaboratively trained professionals to assist the parties in reaching their goals. Examples of such experts are forensic accountants, mental health professionals, parenting experts, and financial planners. Once the other professionals are selected, meetings are scheduled to address the parties' issues. The parties, their attorneys and the other professionals form a "team" and meet all together to assist the parties in addressing the varies aspects of their case (i.e. parenting, division of assets, support). The "team" follows an agenda at every meeting and can resolve a case much more quickly than the legal system. Additionally, the Collaborative Process is completely confidential. If the parties reach an impasse, in order to protect the confidentiality of the Collaborative Process, the collaborative attorneys must withdraw and the case may proceed through litigation. If a settlement is reached at the end of a collaborative case, the Court will only be advised that the parties have reached a settlement and request that the settlement be ratified by Court order finalizing the case. Instead of submitting your case to a Judge, who may or may not understand the intricacies of your family, the Collaborative Process allows the parties to tailor their resolution to meet the specific needs of their family.
Ms. Probasco has been trained in the Collaborative Process and would be happy to be on your team.