 The Collaborative process offers a unique and non-adversarial approach to resolving Minnesota family-related disputes without going to court. The Collaborative process is suitable for a variety of family matters, including divorce, separation, post-decree issues, paternity, custody, grandparent access to grandchildren, pre-nuptial or post-nuptial agreements, adoption, wills and estates, probate, family-owned business restructuring, and issues related to families of children with disabilities.
Key aspects of the Collaborative process include: 1. Team Approach: It can involve a multidisciplinary team approach, featuring representation by two lawyers and including other neutral professionals like financial specialists, coaches, child specialists, family specialists, and mediators, as needed. This team is tailored case by case, to match the expertise of professionals to the specific needs of clients. 2. Voluntary and Out-of-Court Process: Participation in this process is completely voluntary and is done out of court. It is based on a Participation Agreement signed by clients and their attorneys, which disqualifies the attorneys from going to court. If clients decide to leave the Collaborative Process, their attorneys will assist them in finding court-based legal representation. 3. Transparent and Respectful Process: Clients are required to transparently share all relevant information and participate in joint meetings with their attorneys and/or neutrals to make legal decisions. This process values respectful communication and adherence to Expectations of Conduct. Key steps in the Collaborative process are: 1. Hiring an Attorney: Both spouses must choose attorneys trained in collaborative law and mediation to help negotiate the divorce terms. The best place to look for Minnesota Collaborative Attorneys is the Collaborative Law Institute of Minnesota website. 2. Signing an Agreement to Start: Both parties sign an agreement laying out the process's ground rules, including a clause for the attorneys to withdraw if the case goes to litigation. 3. Private Meetings with Attorneys: Each spouse meets privately with their attorney to discuss their goals, major issues, and negotiation limits. 4. Joint Meetings with the Other Side: Both spouses and their lawyers engage in “four-way” meetings (or "group meetings", which may also include neutral third-party experts, to brainstorm and discuss settlement issues. 5. Voluntarily Providing Information: Spouses must voluntarily provide necessary information, such as financial documents, to facilitate negotiations. 6. Finalizing and Submitting the Agreement to Court: After reaching an agreement, attorneys draft a settlement agreement for both parties to sign. This agreement is then submitted to the court, where, upon approval, it becomes the final judgment of divorce. Th Collaborative process is designed to create a more amicable, efficient, and collaborative environment for resolving disputes, particularly for families seeking to minimize conflict and maintain respectful relationships post-divorce. |
