Collaborative attorneys agree to cease representation if one party decides to terminate the process. This allows the attorneys to be open about their advice to both parties and to work toward a solution. Both parties and both attorneys can speak freely and openly and make offers of settlement without worrying that the offers might be used against them later in court. For example, if a husband makes an offer to pay spousal support in the amount of $2000.00 a month during the collaborative process, the wife cannot go to court and claim that he made the offer. If the parties end up in court, he may feel less generous than he did when he was working to come to a mutually satisfactory result and may claim he can only pay $500.00.
The confidentiality between the parties and the attorneys is a great asset of the collaborative process because people know they are all working to create a good settlement for everyone rather than every one for him/herself. The parties also know that their attorneys are committed to helping them reach agreement and are not preparing for a trial.
The cornerstone of the process is the ability to make offers and negotiate in good faith and know that those offers cannot be turned against you.
Getting Legal Help
Experienced Sacramento Family Law Attorney Hal Bartholomew can help you get through your divorce with respect and compassion. Contact Bartholomew & Wasznicky LLP today for knowledgeable and respectful representation. Call us at (916) 546-4393.