It is the method which attorneys for both sides agree to assist the clients so that conflicts can be resolved by using cooperative tactics rather than adverse litigation or strategies. Everyone involved is committed to achieving a mediated outcome. It is agreed by all parties that no litigation will be entered upon during negotiations. The collaborative process can be used to facilitate a broad range of other family issues, including disputes between parents and the drawing up of pre and post-marital contracts.
The attorneys and clients agree to a Participation Agreement meaning if a settlement is not reached, the lawyers will step away from the proceedings and not participate in any upcoming litigation.
The Participation Agreement usually contains provisions like:
Both parties will rely on their attorneys to help them reach a settlement.
3rd party or special experts may be retained to help with child custody, financial matters, etc.
Both parties will agree any issues will be settled in a non-adversarial manner that is fair to everyone.
Both parties will act in their child’s best interest to minimize emotional damage and promote the relationships between child and spouse as a result of the separation.
Specific reasons for withdrawing from the process.
Communication between all parties during the separation will be constructive and fair and will not profit from errors made by the other party.
All original agreements regarding assets, insurance, or children cannot be changed without both parties being in agreement.
The greatest element of collaborative divorce is that the attorneys commit to manage all issues fairly and with everyone’s best interest at heart.
New Mexico Financial Law provides different types of family law and divorce services to various individuals, including child custody, child support, alimony and division of assets. Get your life back on track!
Don Harris’ practice is not limited to Albuquerque; they also regularly handle Family and Divorce Law cases for the surrounding communities of Bernalillo, Los Lunas, Belen and Rio Rancho as well as representing clients in the other major population centers in New Mexico.
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