What is the Difference Between Collaborative and Cooperative Law?

Divorce cases can often be portrayed as contentious based on what we see in the media and on television. For spouses who are interested in an amicable resolution, there are options outside of going to Court. You may have heard of the Collaborative Process as well as Cooperative Law. Perhaps you would like to know which of these options is appropriate for your case.

Well, our Family Law Attorneys at The Marks Law Firm, P.A. are advocates for both Collaborative and Cooperative Law. In a Collaborative case, if both parties decide to pursue traditional litigation because in that rare circumstance that the Collaborative case has failed, they must retain new legal counsel in order to move forward. Whereas in a Cooperative case, if litigation becomes necessary, both parties may continue to be represented by their Cooperative Family Law Attorneys.

Who makes up the Collaborative or Cooperative Team? It is the same: Two Collaboratively or Cooperatively trained Family Law Attorneys, a financial neutral, a mental health neutral, and both spouses are all part of the Collaborative or Cooperative Team. Depending on specific needs and details surrounding the case, Allied Professionals (realtor, mortgage broker, financial advisor, etc.) may be brought in. Benefits of the Collaborative or Cooperative Process include privacy, potential for lower overall costs, and a more peaceful outcome. Florida law requires all potential Clients be informed of the Collaborative Process during their initial consultation.

Clients who choose the Cooperative process may want to keep their options open throughout the entirety of their case. Ultimately, the goal to avoid litigation still remains. However, we cannot guarantee that conflict won’t arise throughout the divorce process. Emotions and sensitive topics may lead to hostility. The opportunity to continue your case with an attorney in the Cooperative Process who is aware of your goals, concerns, and general details surrounding your Family Law case will save you time, and potentially offset additional costs.

To learn more information regarding Collaborative and Cooperative Law, please contact our office to schedule a consultation.

Photo by Tima Miroshnichenko via Pexels 

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