Are you looking to negotiate a settlement in Gaithersburg cooperatively and amicably? Collaborative law allows you to peacefully negotiate any issue arising from a legal dispute and is considered particularly useful in cases of divorce, especially when children are involved. When you opt for this form of negotiation, both parties will have the ability to control the legal process and resolve legal differences together through negotiation and compromise.
If you are interested in collaborative law representation to resolve the issues of your dispute, even if you or the other side has already filed in court, please contact Mary Ellen Flynn of Andalman & Flynn, P.C. to learn more. Mary Ellen Flynn is a trained, experienced attorney, as well as a founding, and still active, member of the Board of Directors of Maryland Collaborative Dispute Resolution Professionals, Inc. with extensive experience in the field.
The Collaborative Law Process in Gaithersburg
The collaborative law process puts you and the other side, the parties with the most at risk, in charge of all decision-making, allowing you to determine the most fair and appropriate solutions for your unique situations together.
In order to successfully use collaborative law to resolve your issues in the Gaithersburg area, both parties must agree in writing:
- That any exchange of information will be complete and honest, allowing for fully-informed decision-making
- Not to file in court during the collaborative process; and, should either side file in court, then each collaborative law attorney must withdraw representation and cannot represent their respective clients in the court proceeding
- To engage in open, yet confidential, communication
- To work in a collaborative way toward a written agreement on all issues related to your dispute without resorting to court intervention
Collaborative Divorce & Family Law in Gaithersburg
Collaborative law is particularly appealing in situations related to divorce such as:
This is primarily because the collaborative divorce process offers a foundation for cooperation and respect in the future as well as the present, which is particularly important to protecting the best interests of your children.
When negotiating a collaborative divorce or family law settlement in Gaithersburg, the process is similar to that of general disputes outlined above. Take note, though, that divorced parties are also required to exchange complete financial information to ensure the best decisions are made.
The First Step: Collaborative Agreement
In Gaithersburg, MD, the collaborative law process begins when you and the other side agree to resolve your case outside of court litigation. Then, you each meet with and retain a collaborative law attorney who will give you legal advice and address your individual needs and concerns to protect your best interests as negotiations are made.
The Second Step: Collaborative Negotiation
Following your agreement to collaborate, all parties and their attorneys participate in a series of 4-way meetings aimed at crafting a resolution to suit each of your needs and concerns, as well as those of your children if you’re negotiating a collaborative divorce. In the event that both sides decide additional information is needed from experts, they decide together which experts to select and include in the collaborative law process.
The Third Step: Collaborative Resolution
Throughout the collaborative law process in Gaithersburg, you and the other party have ultimate decision-making power, but you each have the protection of your own attorneys who can give you legal advice and advocate for balance and positive results on your behalf.
By committing to the collaborative law process, both sides agree to work out their differences in the manner that best suits them, while still receiving the expert advice of an attorney. This is an important step toward finding an amicable resolution of your dispute; it establishes cooperative and respectful communication between both sides, which is essential if you will need to continue communication in the future, as is often the case in a collaborative divorce involving children.
It’s important to note, however, that collaborative law also requires a greater commitment on each party’s behalf to work toward a mutual settlement, since your attorneys must stop representation if either of you files in court for a litigated resolution. So if you want to use collaborative law to settle a legal dispute, make sure you’re ready to resolve your conflicts amicably. The attorneys at Andalman & Flynn can help you do so with our collaborative law service in Gaithersburg, MD, specifically available throughout the following neighborhoods: 20877, 20878, 20879, 20882, 20883, 20884, 20898, 20899