Alternative Dispute Resolution
Collaborative Law in Maryland, Virginia & Washington, DC
Are you looking for a respectful and cooperative means of negotiating a settlement? Collaborative law, though particularly useful for resolving issues related to a divorce, can be used to resolve any issue arising from a legal dispute. This form of negotiation allows both parties to control the legal process and resolve their 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 attorney, as well as a founding, and still active, member of the Board of Directors of Maryland Collaborative Dispute Resolution Professionals, Inc.
The Collaborative Law Process
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 both to develop the most fair and appropriate solutions for your unique situations.
If you choose to use collaborative law to resolve your issues, you and the other party must both agree in writing:
- That any exchange of information will be complete and honest, for fully-informed decision-making
- Not to file in court during the collaborative process; and, should either side decide to 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
Collaborative law is particularly appealing in situations related to divorce such as custody, visitation, child support, alimony, and division of property. This is primarily because it works to provide a foundation for cooperation and respect in the future as well as the present, which is particularly important when children are involved. Ending a marriage involves the convergence of many unique issues—legal, emotional, and financial. A key benefit of the collaborative process is that it has the ability to bring in the help of family relations and financial specialists if needed.
The collaborative divorce and family law process is similar to that of general disputes outlined above. It differs slightly in that divorced parties are also required to exchange complete financial information in addition to not filing in court and engaging in open communication.
The First Step: Agreeing To Collaborate
In Maryland, the collaborative law process begins when you and the other side agree to resolve your case outside of court litigation. You each meet with and retain a collaborative law attorney who will give you legal advice and address your individual needs and concerns.
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 that suits each of your needs and concerns, as well as those of your children in a collaborative divorce. If 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, 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.
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 an amicable resolution of your dispute and establishes cooperative and respectful communication between both sides, whether in a collaborative divorce or general dispute.
Collaborative law can be beneficial to both parties, making the process less stressful. For experienced collaborative law attorneys in Maryland, Virginia, and Washington, DC, contact Andalman & Flynn today.
Collaborative Law Attorneys Representing Residents of MD, VA & DC
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 Montgomery County, MD.