How is the collaborative process initiated?
To use a collaborative approach, parties should begin by contacting attorneys experienced in this method. With the aid of their attorneys, the parties can determine whether this process best fits their needs. Some factors that should be taken into consideration include the continuing nature of the parties’ relationship, the level of emotional involvement, the need for prompt resolution and the desire for flexibility. Most importantly, the parties have to be committed and capable of working together towards resolution. If one party has more power, there is a history of abuse or the parties hold too much anger towards one another, the collaborative method may not be the best option. If one party has already filed papers with the court, the parties may request the case be placed on inactive status during collaboration.
