Collaborative Law Charlotte, NC
Handling Family Law Matters in North Carolina
At Coggin Law, one way we set ourselves apart is by offering cases in a collaborative fashion. After practicing exclusively in family law for over 17 years, our firm has become absolutely convinced that the issues associated with the dissolution of your marriage should be handled, when possible, without the court's input or supervision.
What Does Collaborative Law Mean?
Collaborative law applied to divorce is a way of approaching problem-solving that does not involve litigation in the courtroom. Instead of a “fight to win” mindset, collaborative law requires the divorcing couple to collaborate and work together via a process such as mediation in order to come to an agreement regarding the various divorce matters (such as support and custody).
Why Collaborative Law?
At our firm, we believe every effort should be made by an attorney to work with your spouse and/or their attorney to come to a collaborative resolution for all aspects of your family law case.
If direct negotiation fails, which can happen due to the complexity of the issues at hand and/or competing goals, then your attorney should insist that a form of alternative dispute resolution, such as mediation or arbitration, be pursued. This should be utilized prior to turning your life, your finances, and possibly your children, over to the whims of the court system.
Both mediation and arbitration offer a more cost-effective and efficient method of dispute resolution while simultaneously providing you and your spouse with the best opportunity to reach an amicable resolution.
How Practicing with a Collaborative Mindset Differs from Collaborative Law
Practicing family law with a collaborative mindset means following a set of philosophical principles and determining how those may be applied to the way we approach and handle your family law case.
So, how is practicing with a collaborative mindset different from the formal practice of collaborative law? Just like practicing in a collaborative fashion, when we decide to place a case in the collaborative law setting, we still apply the same philosophical principles in terms of maintaining a settlement-oriented spirit in our actions and behavior.
Written Contracts & the Collaborative Law Process
However, when we say we are placing a case in the realm of collaborative law, we are taking things a step further, a giant step further! Specifically, the collaborative law process involves a written contract which is entered into by you, your attorney, your spouse, and your spouse's attorney. This contract clearly defines what is and is not permitted behavior during the collaborative law process.
Further, pursuant to this contract, limitations are placed upon your legal options related to how your case may be handled going forward. These limitations include a provision which states that neither you nor your spouse will file a lawsuit during the collaborative law process, and if settlement fails and you do proceed with the filing of a lawsuit, neither you nor your spouse may utilize the attorneys who were part of the collaborative law contract.
This contractual aspect of collaborative law has its disadvantages, including but not limited to the fact that the attorneys who probably have the most insight and knowledge relating to your case are forbidden from participating in future litigation. On the other hand, if all parties involved are open and transparent during the entirety of this endeavor, with the common goal of obtaining a fair and workable resolution, then this contractual limitation can most certainly help produce results.
Our attorney has 20 years of unmatched experience exclusively practicing Family Law.
We pride ourselves on being extremely responsive to our client’s needs. When you hire our firm, you get your attorney's one-on-one attention.
We will attempt to resolve your case in the most efficient and cost-effective manner possible, by taking a collaborative approach prior to considering court action.
Whether preparing for a meeting with you, or in preparation for mediation or trial, we take a “details matter” approach to every case.