Collaborative Law By Margaret H. Tyre, Esq.
The practice of Collaborative Law has come to Westchester County. There is a new opportunity for parties to experience divorce with dignity. Matrimonial practitioners from Westchester and Rockland Counties have formed an Association of Collaborative Lawyers of Rockland-Westchester made up of members with at least ten years of family and matrimonial law experience. In addition, each of the members of the Association has completed a two-day Collaborative Law training program.
The essence of Collaborative Law is the shared belief that it is in the best interests of the parties and their family to commit themselves to resolving their differences with minimal conflict.
Collaborative Law differs from mediation in that each party is represented by counsel of their own choosing. This gives each party confidence that their interests are being protected. At the same time, the parties are encouraged to work honestly, cooperatively, and practically to create a settlement that is a “win-win” solution for everyone, a solution that meets their legitimate needs and the needs of their children.
The cornerstone of the practice of Collaborative Law is that the parties and their respective attorneys sign a Participation Agreement which provides among other things that the parties agree not to go to court and if either party breaches that agreement, neither of the attorneys may represent the parties in any divorce action. Thus, the parties and their attorneys are highly motivated to resolve the issues in an amicable manner.
More information and a list of Collaborative Law attorneys in the area, trained and experienced in resolving family and matrimonial matters is available at http://www.nycourts.gov/ip/collablaw/.