When You Are Serious About Staying Out Of Court
Collaborative law is an alternative dispute resolution (ADR) process that is designed to help couples end their marriages without the financial and emotional expense associated with a litigated divorce. At the law firm of Brinkman & Associates, our collaborative divorce attorneys in Cincinnati, Ohio, use this process to produce negotiated separation agreements that are durable, workable and serve the best interests of adults and children. Karen Riestenberg Brinkman is trained in the collaborative law process, as well as being a trained mediator.
What Is Collaborative Law?
In the collaborative law process, the two parties and their respective lawyers sign a participation agreement. This is a pledge, a contract, that they will do everything they can to develop a separation agreement without going to court. This approach requires full disclosure and principle-based negotiations with mutual respect that leads to effective and joint problem solving. This agreement will then be used as the basis for a dissolution of the marriage .
Should you decide to leave the collaborative process and head for the courtroom, you must find a new attorney. Our lawyers who participate in a collaborative divorce process cannot represent the same clients in a traditionally litigated divorce. Although mediated solutions can be part of the collaborative law process, litigation cannot.
Consensus Not Threats
In collaborative law, the focus is placed on resolving differences, not on presenting ultimatums or making threats. Both attorneys are fully engaged in helping their clients work through their options and build consensus. We are not distracted by developing what we could later use against the other party in court.
We may bring in financial planners, psychologists, accountants or other professionals to provide assistance. The use of a neutral family relations specialist as part of the collaborative team is often a valuable resource. These professionals can provide all parties with the additional information and insight that is needed to develop sensible solutions.
Attorney Karen R. Brinkman has been a member of the Cincinnati Academy of Collaborative Professionals, an organization of attorneys and other professionals who are dedicated to helping couples resolve their differences respectfully and thoroughly without litigation.