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Collaborative Law (also called Collaborative Practice, Collaborative Divorce, and Collaborative Family Law) is a family law process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of Court and to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of contested litigation. The voluntary process is initiated when the couple signs a contract (the Participation Agreement ), binding each other to the process and disqualifying their respective lawyer's right to represent either one in any future family related litigation. The collaborative process can be used to facilitate a broad range of other family issues, including disputes between parents and the drawing up of pre and post-marital contracts.The traditional method of drawing up pre-marital contracts is oppositional, and many couples prefer to begin their married life on a better footing where documents are drawn up consensually and together This approach to conflict resolution was created in 1990 by a Minnesota family lawyer Stuart Webb , who saw that traditional litigation was not always helpful to parties and their families, and often was damaging. Since 1990, the Collaborative Law movement has spread rapidly to most of the United States, Europe, Canada and Australia. Per the International Academy of Collaborative Professionals ("IACP"), more than 22,000 lawyers have been trained in Collaborative Law worldwide, with collaborative practitioners in at least 46 states. In some localities, Collaborative Law has become the predominant method for resolving divorce, co-habitation and other family disputes. More than 1,250 lawyers have completed their training in England where collaborative law was launched in 2003. In a Collaborative Law case, the parties strive to reach a mutually acceptable, interest-based settlement through a series of meetings, sometimes called joint sessions, between the two parties and their lawyers, and sometimes other neutral experts. Ultimately, each party will judge, by him- or herself, whether the terms of the agreement are "fair" to them. The primary focus of the four-way meetings or joint sessions is to identify the priorities, goals, needs and interests of the parties, and help them progress towards and create a settlement that is consistent with their priorities, goals, needs, and interests. The parties make their own decisions based on their own standards. Some have critiqued this aspect of Collaborative Law (and mediation), believing that court processes are better suited towards protecting rights than voluntary dispute resolution processes. However, most lawyers involved in the divorce process agree that the parties can often make better decisions about their children and their families than a judge. There is a parallel between Collaborative Family Law and mediation, in that both are facilitative processes. However, In Collaborative Law the parties agree from the beginning of the dispute not to go to court. Mediation is often ordered during the course of the litigation process. Further, in Collaborative Law, the parties are fully informed about the law and the consequences of various options, and their advocates facilitate the negotiations. In mediation, the mediator is a neutral third party who doesn't represent or advise either side. The growth of the collaborative process in England and Wales has been encouraged by both the judiciary and the family lawyers organisation, Resolution. In an address to London family lawyers in October 2009, the newly appointed Supreme Court Justice, Lord Kerr of Tonaghmore became the first member of the Supreme Court to publicly endorse Collaborative Law and called for its extension to other areas. Previously, in October 2008 the Hon. Mr Justice Coleridge, a High Court Judge of the Family Division, had promised that collaborative agreements would be fast tracked in the High Court of England and Wales.. From Wikipedia under the
GNU Free Documentation License What do you think of Napolitano's DHS anniversary memo? Q. Here it is: March 1, 2010 Our Department s Seven-Year Anniversary Dear Colleagues, Today, we celebrate an important milestone in the history of our Department: our seven-year anniversary. Seven years ago today, 22 federal agencies and offices joined together to form the Department of Homeland Security, and to begin the important work of securing our country against a new era of threats. I am proud of what we have achieved together in support of our vital missions guarding against terrorism and other threats; securing our land, air and maritime borders; enforcing our immigration laws; protecting cyber space and critical infrastructure; and ensuring resilience to disasters. Through One DHS, we re building a more efficient, capable, and… [cont.] Asked by VergeOfChaos - Wed Mar 3 15:36:10 2010 - - 1 Answers - 0 Comments A. The problem is that I just don't feel safe with her in charge. I am not getting raises either and I have to do more and more complex work. Actually, I guess you could say, that I really don't care what she says, I just want to be kept safe and if it is a terrorist act, call it a terrorist act. She has a problem with recognizing acts of terrorism. Oh well.,,, Answered by Cassie77 - Fri Mar 5 15:48:59 2010 Closing of NYC PUblic Schools? Q. The New York City Department of Education has just announced its plans to close the schools listed below: August Martin High School Beach Channel High School Boys and Girls High School Christopher Columbus High School Fordham Leadership Academy for Business and Technology Grace Dodge Career and Technical Education High School Grover Cleveland High School High School of Graphic Communication Arts Jamaica High School Jane Addams High School for Academic Careers John Adams High School John Dewey High School John F. Kennedy High School Metropolitan Corporate Academy Monroe Academy for Business/Law Newtown High School Norman Thomas High School Paul Robeson High School Public School 065 Mother Hale Academy Richmond Hill High… [cont.] Asked by DrIG - Sun Jun 27 09:18:28 2010 - - 4 Answers - 0 Comments A. I am a NYC public school teacher at the elementary level. My children go to NYC public schools, though none of the ones in question. I have no affiliation whatsoever with any of the above schools. I have a few concerns about this plan: 1) Klein and Bloomberg have a plan to replace large comprehensive, high schools with smaller, more specialized schools. While I basically applaud this idea, it has been carried out in a ham fisted manner. They have not put enough small schools into place for the number of kids they have displaced by closing the schools that they have already closed. 2) The schools they initially closed in the past few years may or may not have been irretrievably awful, but by closing them without sufficient replacements,… [cont.] Answered by LJ - Sun Jun 27 12:59:33 2010 Healthcare bill: Do you think this is true?
Q. As House Democrats voted on their healthcare overhaul this month, they should have also voted to abolish the Congressional Budget Office, too. It would have been much more honest than their current strategy for hiding the true cost of their legislation. Never mind the everyday budget gimmicks House Democrats have used, such as removing $250 billion of deficit spending to be voted on separately. Or claiming their bill would cost just $894 billion, around $400 billion less than the CBO actually projected. The current leadership has rigged the legislation so that 60 percent of its total cost will not be made public by the CBO in advance of the House vote. Here s how they did it. The centerpiece of the bill currently under consideration is… [cont.] Asked by Johnny on the Spot - Thu Nov 19 11:38:26 2009 - - 8 Answers - 0 Comments A. Of course it is. Congressional Democrats even said ON TV that paying for their "health care" plan will be literally impossible. The "solution" they also articulated ON TV is they would simply lie about it. Answered by Peace through blinding force - Thu Nov 19 11:46:14 2009 From Yahoo Answer Search: "Collaborative law" Collaborative law aims for a kinder divorce; how's that working out?
Crain's Chicago Business This, he says, violates a main tenet of collaborative law , which requires attorneys to operate in good faith and in a timely way. ... Energy Security Council Training Helps Task Force Stop Crimes
PR Newswire (press release) ... a collaborative effort of local, state and federal law enforcement officials, for making 50 arrests and solving West Texas oilfield crimes. ... and more » Alexandria deputies train to handle the mentally ill
Washington Examiner The crisis intervention training program is a collaborative effort among the city's department of mental health, police department and sheriff's office. ... and more » From Google News Search: "Collaborative law" bluelogo jpg
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admin Sat, 08 May 2010 02:43:52 GM A full financial disclosure is required as a condition of undertaking . collaborative law. , and discussions are held without prejudice , meaning that they cannot later be used in any court proceedings. 5. During the negotiation process, ... Differences between Collaborative Law (CL) and Mediation
Michael Zeytoonian Sat, 30 Jan 2010 16:13:55 GM Mediation and . Collaborative Law. are two methods that are moving steadily toward the forefront of dispute resolution. With this heightened interest in early... What Couples Get from Neutral Financial Advisors
dprice Mon, 12 Apr 2010 19:28:59 GM Here was a . Collaborative Law. situation where the couple settled on a non-traditional property agreement that placed their pride secondary to their love for their children. That's just as it should be. ... From Google Blog Search: "Collaborative law" |






