Florida Statutes Sections 61.55 through 61.58 set forth Florida’s Collaborative Law Process Act. The process is voluntary and designed to operate entirely outside of the court system, except for agreed-upon mandatory filings needed to obtain a judgment on relevant issues.
The purpose of the statute is to create a uniform system of practice for the collaborative law process in the state. It is the policy of the state to encourage peaceful resolution of disputes and the early resolution of pending litigation through voluntary settlement processes.
The Collaborative Law process is a unique, non-adversarial process that preserves a working relationship between the parties and reduces the emotional and financial toll of litigation.
What is a Collaborative Matter?
A collaborative matter means a dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding described in a Collaborative Law Participation Agreement and arising under Chapter 61 or Chapter 742, including, but not limited to:
- Divorce and divorce issues.
- Custody and custody issues.
- Alimony, maintenance, and child support.
- Relocation.
- Paternity.
- Premarital, marital, and postnuptial agreements.
What is the Collaborative Law Process?
The Collaborative Law process means a process intended to resolve a collaborative matter without intervention by a tribunal and in which persons sign a Collaborative Law Participation Agreement and are represented by collaborative attorneys.
What the Collaborative Process Includes
While the collaborative process removes the need for litigation, therefore significantly reducing the burden of a case, there are still some steps that need to be taken to execute the process. Those include the following:
- A written Collaborative Participation Agreement.
- A Collaborative Team.
- Other experts, when necessary.
- Attendance at collaborative team meetings.
- Transparency, including disclosure to the other participant of all financial information and information needed for an equitable settlement.
- Good faith and transparency.
- The Collaborative attorneys cannot participate in litigation if the collaborative process is not successful.
- Each participant has their own Collaborative attorney.
- Each participant states their individual goals at the Collaborative Team Meeting.
- Participants can settle some issues, and not other issues, in the case.
- After settlement, parties file a Petition for Dissolution of Marriage.
- A final judgment is entered.
- If a party has filed a Petition for Dissolution of Marriage in the beginning of the case, then parties can file an abatement of the case to proceed collaboratively on the case.
Reasons to Participate in the Collaborative Process
There are a number of reasons why you would choose to participate in the collaborative process over litigation, especially if you are in agreement with the other parties over how the case should proceed. Here are some of the key reasons why:
- A better way to protect your privacy.
- A non-adversarial process.
- Usually less expensive than litigation.
- Participants have a high level of control over the process.
- Participants can be creative in ideas for settlement.
- You can focus on the children and the goal of better preserving family relationships after divorce.
- You have professionals on the team to assist you, such as a mental health neutral and financial neutral.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my e site at http://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.