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Collaborative Family Law
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Flashcards
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Neutral Professionals
Individuals such as financial planners or child specialists who are jointly hired by both parties to provide unbiased expertise in the collaborative law process.
Interest Inventory
A tool used in collaborative law to identify and clarify each party's concerns, interests, and goals, aiming to guide the negotiation process effectively.
Child-Centered Approach
Prioritizes the well-being of children in divorce procedures, ensuring that their needs and interests are at the forefront of the decision-making process.
No Court Pledge
The agreement by attorneys to withdraw from the case if it goes to court, incentivizing the parties to reach a settlement through collaboration.
Four-Way Meetings
Meetings in the collaborative process that involve both parties and their respective attorneys to discuss and negotiate the issues face-to-face.
Full Disclosure
The commitment by parties in the collaborative process to honestly and openly share all relevant information, which is essential for fair negotiations.
Informed Consent
Agreements in family law require that all parties understand the implications and voluntarily agree to the terms, ensuring transparency and fairness.
Win-Win Solutions
The outcome sought in collaborative law where negotiated agreements benefit all parties involved, in contrast to the win-lose outcomes in adversarial proceedings.
Interest-Based Negotiation
A method where parties focus on the underlying interests and needs rather than taking positions, often leading to more mutually satisfactory agreements in family law settings.
Participation Agreement
A contract signed by both parties and their attorneys committing to the collaborative law process and agreeing to negotiate in good faith.
Confidentiality
Guarantees that any information shared in the collaborative law process cannot be used in court, encouraging open and honest communication.
Disqualification Agreement
An arrangement where the involved professionals cannot represent the parties in court if the collaborative process fails, ensuring the integrity of the process.
Mutual Respect
Parties and professionals engage in the collaborative law process with a commitment to respect each other's perspectives and dignity.
Voluntary Process
The characteristic of collaborative law that requires both parties' willingness to engage in the process without coercion, ensuring full participation.
Collaborative Team
A group of professionals from different disciplines working together to assist the parties in reaching a holistic settlement that addresses legal, emotional, and financial concerns.
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