Collaborative Law FAQs
Mr. Mulinazzi is a Certified Collaborative Law Professional, having completed the Basic Collaborative and the Advanced Team Collaborative Training.
Mr. Mulinazzi has successfully used the collaborative process to assist many families to agree on how and when to separate; create a separation arrangement; formulate creative solutions tailored to their financial and emotional needs; and work through the process to an amicable and respectful divorce.
What is a Collaborative Divorce process?
Collaborative Law is a problem solving process where you and your spouse, with the help of your attorney’s craft your own solutions to your situation and needs without the excessive financial and emotional cost of litigation. The process requires the spouses and attorneys to sign a contract they will not take the case to court and that they will act honestly, respectfully, and responsibly during the process.
What is the Collaborative Divorce process is NOT?
Collaborative law is not a pretense to avoid Court and litigation. Neither side can bully the other or draw lines in the sand to force their spouse to concede. The Collaborative process does not tolerate emotional fighting and disrespectful behavior. Instead, the process forces the couple, and the attorneys, to focus on the real issues and create reasonable solutions to the problems.
Why do people choose the Collaborative Divorce process?
Clients choose the Collaborative process because they want to protect their children, themselves, and hopefully their spouse from the emotional trauma of divorce litigation. Clients want to maintain their dignity and respect and recognize that divorce litigation can bring out the worst in everyone. Collaborative clients control their own outcome, save money, and in the process realize that they are can maintain civility and respect towards their former spouse in order to best parent their children or best honor their past relationship.
Collaborative Law vs. Mediation
Collaborative Law (CFL) is the natural evolution from mediation. In CFL you have two trained professionals who act as mediators while protecting their respective clients and the process, whereas, in mediation neither party is represented.
Usually one or both sides will not know the law, not be emotionally ready to negotiate, and not know enough information about the nature and amount of marital assets, and/or not know the best way to protect assets from taxes. Eventually one or both sides feel like they “gave up too much.” Mediators assist parties to reach acceptable compromises, resulting in the mediation mantra that “mediation is a success when both sides leave the mediation equally unhappy.”
Collaborative Law, on the other hand, seeks to identify common goals/interests as opposed to individual positions. Then the CL professionals work with each other, both clients, and usually other CL professionals (divorce coaches, financial planners, etc.) to figure out the best way to meet those goals together and develop the best possible solution for everyone.
Collaborative Law vs. Litigation
Well over 90% of family law cases eventually settle out of court; however, this usually doesn’t happen until clients spend an enormous amount of money over months or years of fighting. In the end, a Judge or Master decides based on very limited information presented and very little knowledge of the family and of each spouse. On the other hand, clients engaged in the Collaborative Law reach settlement at a much earlier stage in the process because the clients and the lawyers (and other professionals if/when necessary) work together to find creative solutions to the problems which are often beyond the authority of what the Court can order. Thus, it results in increased satisfaction with the outcome and less hostility and bitterness about the process.
Collaborative End Result/Product
The process is complete when the parties and counsel sign a comprehensive agreement that settles all the issues associated with your divorce. From there the parties can receive a quick and easy uncontested divorce and can move forward with respect towards one another. They each have the satisfaction of knowing they worked through a solution together. This reduces the problems that could arise in the future and gives them the tools and trust necessary to work together long after the divorce.
TO READ MORE: Reply to the “Contact Us” page and we will forward you and/or your spouse more information about this process. Contact our firm online or call 410-290-6270 to schedule your appointment with an experienced lawyer.