Why do the parties have to retain new lawyers if they decide to move from the collaborative process to litigation?
Amy Zylman Shimalla’s Answer:
A cornerstone of the collaborative process is the premise that, if the parties drop out of collaborative, they must retain new lawyers. This is based on the fact that the lawyers and clients are both totally committed to reaching settlement. They have a different relationship in the collaborative process. There’s open communication and a certain level of trust, even with the other party’s attorney. The client knows the other attorney will not be taking their deposition or cross-examining them at a trial. If there is a threat that the matter will proceed to litigation, this level of trust and open communication is not achievable.
Other videos on Collaborative Divorce:
- How does someone choose the right collaborative lawyer for their unique situation?
- How does Collaborative Divorce work?
- Can the collaborative model be used if there is a business involved?
- Are there any advantages to using a collaborative process rather than litigation for high-net-worth cases?
- If a couple is in litigation, is it too late to proceed in a collaborative divorce?
- How long does collaborative divorce typically take? Does it usually require multiple sessions?
- What makes a couple ideal candidates for collaborative divorce?
- Is it possible to achieve resolution via collaborative divorce for a high-conflict couple?
- What are the pros and cons of collaborative divorce?