Miami-Dade Collaborative Law Attorneys
A Cooperative & Cost-Saving Approach to Divorce & Family Law Cases
Collaborative law is a less adversarial pre-litigation process that involves the two spouses and their attorneys working together to try to negotiate and resolve divorce issues in an environment that encourages civility and respect from all participants. The collaborative law process is an alternative to litigation and mediation that employs less adversarial techniques to resolve the issues at hand.
At Orshan, Spann & Fernandez-Mesa, we have seen firsthand the potential advantages of the collaborative law process and the positive results it can yield. Though this process may not be right for everyone, it can be especially beneficial for certain families. We would be happy to review your case and determine if collaborative law is the right approach for your divorce. From our office in Coral Gables, our Miami-Dade collaborative law attorneys provide compassionate support and the legal representation you need.
In the collaborative law process, you and your spouse will each hire your own lawyers and interdisciplinary teams. You and your spouse will agree to stay out of court, act in good faith throughout the process, and voluntarily disclose all financial and other relevant information. The goal is to quickly reach a favorable agreement that reflects your best interests without resorting to courtroom litigation.
Settlement negotiations between you and your spouse will be facilitated by your attorneys and other experts. Most cases are handled in four-way meetings where your lawyer serves as your advisor rather than a leader who takes charge of the process.
If you reach an agreement, it will be drafted and signed to conclude your case. If you cannot reach an agreement, both parties’ attorneys must withdraw and refrain from representing you in divorce litigation. Your attorneys can, however, help you transition to litigation counsel.
In addition to the attorneys who represent their respective clients, the collaborative approach may use interdisciplinary teams working together to help the family through the divorce process.
Team members may include:
- Coaches for each spouse
- Financial specialists
- Forensic accountants
- Valuation experts
- Real estate appraisers
- Child specialists such as child psychologists and other mental health professionals
Advantages of Collaborative Law
Collaborative law is not right for every family – especially couples who have a particularly contentious relationship and are unwilling to cooperate. However, it can prove advantageous for couples who are willing to compromise and who wish to resolve the divorce or dispute quickly.
Potential advantages of collaborative law include:
- It may limit emotional damage to clients and their children that can occur through an adversarial litigation process. The process seeks to avoid hostility and anger that occurs when litigants are locked in combat over child-related and financial issues.
- You might shorten a process that could otherwise last a long time, depending on the parties’ desires to expeditiously resolve their issues.
- There may be financial savings. If a settlement is reached in collaborative law, the cost to complete the process is usually less expensive than the cost to engage in traditional adversarial litigation.
Ultimately, the collaborative law method works best if both you and your spouse can work together to resolve your case. Instead of creating bitterness and animosity, the collaborative law method aims to create a renewed respect for – or a better understanding of – your soon-to-be former spouse and a general feeling that the agreement was reached successfully. The collaborative law approach seeks to achieve a fair, prompt, efficient, and positive settlement that works for both parties. Most negotiations end in agreement because of the determination of all participants – including the lawyers – to reach that goal.
See if the Collaborative Law Approach Is Right for You
At Orshan, Spann & Fernandez-Mesa, our collaborative law attorneys in Miami-Dade have extensive experience using this process to resolve divorces and other family-related disputes. We know how effective this method can be for certain families and we would be happy to help you explore your options and determine if collaborative law is right for you.
We Treat You Like Family
We strive to provide quality, thoughtful, timely service to each of our clients. We provide timely, detailed updates on your case and make ourselves available to answer and follow up on any questions you may have.
Personalized Attention to Your Case
Every individual and family has a unique set of circumstances requiring a tailored approach. We treat each client as if they were our only client. Each case is treated with the utmost care and attention.
Thoughtful Preparation & Planning
We will get you through every step and be fully transparent of the process and what you can expect. We take a collaborative approach with our clients - we want to know what you think.
Quality, High-Caliber Representation
Our team is well-respected and recognized throughout the Miami-Dade area. We're known for our precise, in-depth knowledge of the law and versatile, strategic approach to each client's case.