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.

Call (305) 853-9161 now to learn more about this process and how it may prove effective in your family law case. Contact us today to learn more.

Four-Way Negotiations

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.

Interdisciplinary Teams

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.

Collaborative Law: A Peaceful Path to Divorce in Miami-Dade

In the vibrant community of Miami-Dade County, we recognize that divorce can be a challenging process for families. That’s where collaborative law comes in as an effective alternative to traditional litigation. At Orshan, Spann & Fernandez-Mesa, we are dedicated to guiding you through this innovative approach, which emphasizes cooperation over conflict.

Navigate Collaborative Law with Our Professionals at Your Side

Our knowledgeable team is familiar with the local landscape, including vital resources such as the Miami-Dade County Clerk of Courts and Family Court Services. While we don’t partner directly with these entities, we can provide guidance through the necessary steps and paperwork involved in the collaborative process.

One of the key benefits of collaborative law is its focus on preserving relationships, especially for families with children. By avoiding the adversarial nature of court battles, parents can navigate this transition while maintaining a cooperative co-parenting relationship, which is essential in a bustling metropolitan area.

No matter where you are in Miami-Dade, if you are considering divorce, our team can support you through the collaborative law process. Contact us today to learn more about how we can help you achieve a peaceful and amicable divorce. Together, we can pave the way for a brighter future for you and your family.

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.

Contact us at (305) 853-9161 to learn more.