Collaborative Law - Larkin Family Law

What is the collaborative process in Florida?

An out-of-court dispute resolution method to resolve divorces and other family law matters. Clients who choose the collaborative process engage a professional team, including a lawyer for each party, a neutral financial expert, and a neutral mental health facilitator. The goal is to help you reach a global settlement without going to court.

Will a family law court recognize an agreement reached through the collaborative process?

Yes. The collaborative process is recognized by Florida law as an alternative dispute resolution method. A family law judge will treat a settlement agreement reached in the collaborative process the same as any other settlement.

What are some of the benefits of the collaborative process?

Privacy – Unlike testimony and arguments in open court, collaborative meetings, communications, and proposed settlement options that take place within the collaborative process are confidential. The privacy encourages openness and transparency of the clients, which often facilitates settlement discussions.

Flexibility – A family law judge is limited to resolving a case based on what is permitted by Florida law. But, the collaborative process can be much more flexible. Through collaborative, clients can create unique and creative settlements that is best for themselves and their family – without worrying about what a Judge could or would do. The collaborative team develops legally enforceable options.

Cost – The attorney’s fees and costs required to take a traditional family law case to trial is very expensive. Without the necessity of formal discovery, mediation, and court hearings, a successful resolution in the collaborative process may save you money in attorney’s fees and costs.

Team Approach – Instead of the traditional adversarial approach of one party versus the other, the collaborative process uses a team approach. The attorneys and neutral professionals work as a team to help both clients meet their needs and settle the case. This approach emphasizes open communication, transparency, and negotiation based on common interests and goals. In turn, the clients can focus on how best to move forward, both individually and collectively as a family, in the future.

What are some drawback about the collaborative process?

An attorney in the collaborative process must withdraw in the event a settlement cannot be reached. In this event, the client must then retain a litigation attorney to represent them in court. While some may see this rule as a negative, it is very effective at creating mutual buy-in during the process and encourages the clients to settle. As a result, the success rate for collaborative cases is very high.

The upfront fees may be higher than a traditional case. The added cost of engaging the neutral professionals may be more costly than hiring one lawyer – at least to start. While some may see this as a negative, the long-term cost savings of settling your case collaboratively may still be cheaper than traditional litigation. The neutral professionals are often helpful at pushing a case forward to a quicker and faster conclusion than a traditional litigated case.

Can Larkin Law represent me in a collaborative family law case?

Yes, Attorney Lexie Larkin is trained in the collaborative process and has participated in the successful resolution of many collaborative divorces since 2013.

If you are interested in learning more about the collaborative process and exploring that as an option in your case, please schedule a family law consultation by clicking here.