What Is Collaborative Law?
Collaborative Law is a new and exciting concept in Family Law. It has been in existence in the U.S. for many years and is used in Canada as well. Kurtz & Peckham, PC is a member of Colorado Collaborative Law Professionals and Rocky Mountain Collaborative Law Professionals.
The Collaborative Process is a shift from the traditional adversarial approach to resolving disputes where each lawyer is an advocate and an adversary. In Colorado there are approximately 100 attorneys trained in Collaborative Law which requires the willingness and ability to adopt a new paradigm in handling conflict.
The heart of the Collaborative Law Process is the shared belief of the participants in family law matters that it is in the best interest of the parties and their families that they commit to resolving their differences with minimal conflict and without litigation. It is not for everyone. Both the parties and their collaboratively trained attorneys agree to work together to resolve legal, financial and child-related issues they face in a time of transition.
“I had first heard about collaborative law from my estranged husband and decided to try it because he wanted to. The coaches were great. They helped us to communicate in a more ‘positive’ way for the kids. I think all divorce cases, whether traditional or collaborative, are hard when you have been married a long time and there are kids involved, but I do think collaborative is a better way to go. The financial expert was very helpful and worth every penny. My attorney was helpful with the process in trying to prepare me for all angles of the dissolution and then sitting back and letting us do the talking. It helped because in the end, what was decided was what we both agreed upon. I think this process is beneficial for the children and I would recommend this to others.” – A Collaborative Law client
How Does It Work?
The process is designed to empower the parties to reach their own agreements that specifically address their unique concerns. The goal is an outcome that is both more creative than and superior to results achieved in the traditional adversarial process.
Collaborative Process relies on an atmosphere of integrity, cooperation, openness, professionalism and courtesy that is consistently focused on the present and future well-being of the parties and their children.
Enabling families in transition to maximize their financial, personal and emotional resources while minimizing the negative economic, social and emotional consequences of protracted hostile expensive litigation is the primary goal of Collaborative Law.
Unique Benefits Of Collaborative Law:
- Open Discussion of issues
- Minimize conflict
- Avoid Court
- Plan for the future
- The use of whatever resources the parties find useful is part of the Collaborative Law approach. Experienced, specially trained
- Lawyers as well as whatever other professionals might be of assistance including financial professionals, counselors, employments
- Advisers and others are available (as needed) to address the individual concerns of the family. A unique feature of collaborative
- Law is the use of communication coaches for the parties.
Collaborative Law Professionals Are Committed To:
- Settling the case without Court intervention
- Giving full, honest and open disclosure of all pertinent information
- Engaging in informal discussions and conferences to settle all issues
- Spending as long or as short a time as necessary to resolve the issues jointly and equitably
- Refraining from using the threat of litigation to force a settlement
- Allowing the clients to control the proceedings
- Supporting our clients, acting as expert resources in the law, and working cooperatively with our client’s spouse and his or her
- Attorney in resolving all issues
Among The Benefits Of Collaborative Law Are:
- A process with much less fear, anxiety and stress
- The likelihood of a less emotionally draining experience
- A much greater possibility that any children involved will be less adversely impacted
- A greater likelihood that the parties will be able to communicate with one another civilly in the future
- An agreement you have personally crafted
- Privacy and confidentiality in working out your situation
- A legacy of cooperation and dignity and compassion for your children
Why Collaborate?
In an era where 50% of the population gets divorced and the court system is over-crowded and underfunded, Collaborative Law provides a welcome alternative to the traditional adversary approach to dissolution or other family related matters.
If this sounds like a process that may be right for you, please feel free to call Kurtz & Peckham, PC at (303)893-3045 or email our office at for a complimentary one half hour initial consultation with an experienced attorney.
Senior Counsel, Katharine D. Kurtz, specializes in Collaborative Law.
Denver Collaborative Law Attorney, Katharine D. Kurtz, founding partner of Kurtz & Peckham, PC handles Collaborative Divorce Law Mediation, Divorce, Dissolution of Marriage, Family Law in Denver, Jefferson, Adams, Arapahoe and Douglas County. Member of the Colorado Collaborative Law Professionals and the Rocky Mountain Collaborative Law Professionals.