Simple English definitions for legal terms
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Collaborative law is a way to solve problems, especially in divorce and family situations. Each person hires a lawyer and other helpers like financial experts or coaches. They all meet together to talk and make a plan that everyone agrees on. It's like mediation because they try to be nice and not argue. But, one big difference is that they can't threaten to go to court. If someone does that, the process stops. Collaborative law can be cheaper than going to court, but it might take longer and cost more because of all the people involved.
Collaborative law is a type of alternative dispute resolution that is often used in divorce and family law cases. In this process, each party hires a lawyer, and they work together to negotiate an agreement. Other professionals, such as financial experts or divorce coaches, may also be involved.
The tone of collaborative law is similar to mediation, as the parties agree to negotiate terms that make the process agreeable. For example, they may agree to not use certain language or make accusations. However, one unique aspect of collaborative law is that the parties cannot use or threaten to use the court system. If a party threatens a lawsuit, the collaborative law process terminates, and the lawyers cannot participate any further in the dispute.
Collaborative law can be much cheaper than going through the court system, but because lawyers and other professionals are involved, it can also be more expensive and take longer than mediation.
John and Jane are getting a divorce, and they want to avoid going to court. They decide to use collaborative law to negotiate their settlement. Each of them hires a lawyer, and they also bring in a financial expert to help them with the division of assets. During the negotiations, they agree to not use negative language or make accusations against each other. They work together to come up with a fair settlement that works for both of them.
This example illustrates how collaborative law works in a divorce case. The parties work together to negotiate an agreement, and they agree to certain terms to make the process more agreeable. By using collaborative law, John and Jane were able to avoid going to court and come up with a settlement that worked for both of them.