Collaborative law is a new approach to problem resolution including problem resolution in the family law setting. In fact, recent changes in New Hampshire law now encourage collaborative resolution. Collaborative resolution incorporates the advantages of each party being represented by counsel to make sure that their rights are protected and their issues are appropriately addressed. However the court system is not involved in resolving the issues. Issue resolution is completely up to the parties and their counsel. The effect is a less stressful, less antagonistic and generally less expensive resolution process than conventional adversarial family law practice. Along the way the parties learn skills that will assist them in problem solving post divorce that will reduce or eliminate future additional legal expense.

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The collaborative process commences with the parties and their attorneys signing a contract that obligates all to resolution without court involvement. The contract includes an express provision that bars court involvement in decision making and obligates the attorneys to withdraw and the parties to retain new counsel if the collaborative process breaks down. As a result, all involved including counsel have a vested interest in reaching a resolution using the collaborative process. There is also no ability to threaten the other side with "well, if you won't agree with me, we will just see what the judge has to say".

Central to the collaborative process is cooperation and full disclosure of information. There is no advantage to be gained by taking unreasonable positions. The process contemplates one or more meetings among all of the parties, with each party being afforded break out time to review matters or discuss issues with their respective counsel. The goal is to reach an agreement that addresses the issues that exist between the parties. That may occur in one meeting or may take a series of meetings.

The attorneys that offer collaborative law, including our office, are specially trained in the collaborative process. You may find out more about that training and the collaborative process itself by contacting our office or by visiting our links page.

Fees are charged on an hourly basis and a retainer will ordinarily be required. The amount of the retainer and the cost of the process will vary depending on the number and complexity of the issues involved. Studies have shown however that as a general rule, total charges are lower for issues resolved collaboratively than if the same issues are resolved in the court system.