Starting a Collaborative Case
Here are some tips on how to get started in a case where the parties want to use Collaborative Law.
Step 1: Learn About Collaborative Law
Information is available here and on many other websites that are easily accessible. In addition to this website, we recommend the following websites:
- The local Collaborative group: Collaborative Lawyers of Tarrant County.
- The state organization: the Collaborative Law Institute of Texas.
- The International Academy of Collaborative Professionals.
Another useful source is our blog, Texas Collaborative Law.
We will also send you a free packet of information and articles on Collaborative Law if you request it.
Step 2: Find a Good Collaborative Lawyer
For tips for selecting a lawyer generally, client Here.
Qualities: In a Collaborative case, substantial legal experience, good communication skills and extensive and continuing Collaborative Law training are of paramount importance when one is looking for a good Collaborative attorney. Collaborative Law requires a major change in perspective for attorneys and relies on very different skills than litigation does, so specific Collaborative Law training is necessary for attorneys choosing to work in the field.
Lists: If you are interested in using the Collaborative Law approach, you need to find attorneys who have had training in Collaborative Law. For Tarrant County, Texas, many local trained Collaborative lawyers are listed on the web site: , which was mentioned above.
Another good web source for attorneys is , the web site of the Collaborative Law Institute of Texas. Look on the state map for the Tarrant County list. There is a similar map on the IACP web site.
Rapport: When you are looking for an attorney who can help you in a Collaborative case, just like in a traditional litigated case, you should seek referrals from people you trust, check out the experience and qualifications and then visit with one or more attorneys. You should consider what your real needs and objectives are in the case and make sure your attorney is attuned to them. It is very important that you and your attorney communicate well and develop a good “chemistry”. There are many fine attorneys, but sometimes a good attorney is not a good fit for a person in a certain situation. A personal connection and rapport are very important. You should ultimately base your decision on your feelings and not just rely on what others tell you that you should do.
Step 3: Encourage Your Spouse to Try Collaborative Law
With the help of your attorney, determine the most effective way to explain to your spouse the reasons why Collaborative Law would benefit him/her and your family, and then share that information with your spouse.
You might consider discussing with your spouse one or more of the following advantages of Collaborative Law:
- Privacy
- Control over the Outcome
- Creativity/Customized Plans
- More Civilized Approach than Litigation
- You Stay out of Court
- Helps Preserve Relationships
- Goal Orientation
- Neutral Experts Help Out as Needed
It is helpful to “put yourself in your spouse’s shoes” when you are deciding how to best explain the option to your spouse. It is important to emphasize that it is necessary for your spouse to hire a Collaborative Lawyer in order to utilize the process.
Step 4: Once Both Parties Have Retained Collaborative Lawyers, Joint Meetings Can Be Scheduled
If your spouse has retained a non-Collaborative lawyer, unfortunately, you will not be able to proceed as a Collaborative case. If your spouse has retained a Collaborative-trained lawyer, you can make the case into a Collaborative case, even if one party initially filed the divorce not designating it as a Collaborative case. In other words, it can be converted to Collaborative Law even after it has been filed.
Step 5: At the First Joint Meeting, the Parties and Attorneys Will All Review and Sign a Participation Agreement in Which They Commit Themselves to Collaborative Law
A sample copy of the Participation Agreement is available on this web site. The Agreement should be read carefully and it is usually discussed thoroughly at the first joint meeting.
Step 6. Also at the First Joint Meeting, the Parties Present and Discuss Their Important Goals
The goals for each party become the focal point of the process. They are the target that everyone watches as issues are discussed. The goals should be thought out in advance of the first meeting and the parties should carefully explore their short-term and long-term needs and objectives. The goals can be revised later during the process if something changes, but careful evaluation at the beginning makes meetings more efficient and effective in helping the parties. Click here to view a form from CLI-Tx that will help you formulate your goals.