Collaborative Family Law

Collaborative Law is a form of ADR (alternative dispute resolution).
Each party hires his/her own exclusive lawyer and the two lawyers, along with the respective parties work together to find a resolution. The lawyers work with each other and the parties to draft an amicable agreement for everyone.
The parties and their lawyer control what goes on in a collaborative setting and they control the outcome and agreements drafted as opposed to litigation where a judge controls the outcome.
In collaborative law, the process can extend past just the clients and their lawyers. Both parties can agree on experts and professionals to help guide them in important decisions and take full advantage of the collaborative process.
The clients and their lawyers sign a Participation Agreement before the start of the Collaborative process.

The Participation Agreement is a bond between both parties and their lawyers agreeing to the terms in Collaborative Law.
Both parties agree that should one party decide to pursue litigation or threaten to go to court the Collaborative Process immediately ends.
Should the Collaborative process end, both lawyers will immediately terminate working with either party. Both parties at this point will have to find new legal representation for whatever dispute will be settled in court.
Both parties also agree to share all financial information upfront and provide all supporting documentation.

Our main partner Mr. Rahul Kishore is a trained collaborative lawyer, he has a law degree and he has been practicing Family Law for 15 years. He has been trained in collaborative law too. He has an MBA (Masters of Business Administration) which allows him to analyze all types of financial issues that tie in with family law issues.

While Collaborative Law is not for everyone, it provides a good alternative to expensive litigation fees in a process that usually only has one winner.
In Collaborative Law both parties can leave winners. Collaborative law is different than mediation in that it allows each party to have their own individual lawyer to confide in.
It also allows the opportunity for you to gain support from a wide range of professionals which reduces taking “three steps backwards” (as you would in litigation) before you can move forward in your life and as a family.
Collaborative law is quicker: After an agreement has been reached in a collaborative law process the agreement is submitted to the court for approval. It eliminates the need to wait for a court date and partake in a long burdensome process.
It protects family and relationships, fosters personal responsibility and allows the clients to take control over ultimately, how the family emerges post-dispute.

Both parties will agree to a date and time to hold their mediation appointment.
Collaborative Law works best for couples who are considering separating or getting a divorce, or parents who are determining custody for their children.

Both parties will agree to a date and time to hold their Collaborative Law appointment.
The lawyers will introduce themselves and then both parties will sign the Participation Agreement.
After the Participation Agreement is signed both parties will disclose any and all financial information. This information will be disclosed voluntarily and in the spirit of cooperation and trust. They will also provide supporting documentation to back up all claims.
A series of joint sessions will take place. These sessions include both parties and their respective lawyers and all other hired professionals. Everyone present will then discuss the issues surrounding the family matters and work towards creating an agreement that is amicable for both parties and any effected family members.
A lawyer will then try to draft up an agreement that is amicable to both parties and includes resolutions to all of the issues discussed in the sessions.
Once this agreement is drafter both parties will review the drafted agreement and both lawyers will review the agreement to make sure it keeps the client’s best interest at heart.
This agreement will then be sent to the court for approval. After the document is approved the agreement stands as a legal document.

Each respective party pays his or her own lawyer, based upon the individual lawyer fees. Other professionals such as family relations specialists, financial specialists or child specialists that are retained jointly should be paid for jointly. Both parties will need to communicate and work out a fair way to share these expenses.

Collaborative Law isn’t for everyone. Should you not be able to work out your dispute through Collaborative Law Shah and Kishore will refer you to trained attorneys in family law who will offer you legal advice for whatever pathway you choose in the court system.
As per the Participation Agreement in Collaborative Law both parties’ lawyer will immediately pull out of the process forcing both parties to hire new representation should they decide to proceed with litigation.
Litigation, though more expensive, provides resolutions to disputes that cannot be solved through combined efforts and shared communication. Litigation can solve matters of divorce, separation, alimony, child custody, child visitation and child support.

Shah and Kishore

(301)-315-0001

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