Kathy Memel, Ph.D.
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420 South Beverly Drive
Beverly Hills, CA 90212
(310) 286-9201
Info@DrKathyMemel.com
 
Collaborative Law

Collaborative Law is a new dispute-resolution technique. The lawyers (that are retained by both parties) have the sole job of working towards resolution and not escalation. If that is not achieved, neither attorney is allowed to represent his or hers client in court. Both are, in effect, out of jobs. All participants agree to work in good faith, to be respectful and honest in finding mutually satisfying solutions to each party's legitimate needs.

In Mediation, a counselor works with both sides to reach an amicable solution. Afterwards, the parties pursue the appropriate legal actions. If the mediation outcome is positive, the legal agreements reflect that. If it is not, an escalation leads to court, more hostility and higher court costs.. In Collaborative Law because the attorneys are forbidden from representing their clients if a positive outcome is not achieved, everyone has a motivation to find livable and reasonable solutions.

Marriages often fail because people find themselves unable to communicate with one another. For that reason, the Collaborative Law process is greatly aided by having a counselor facilitate the participants in conveying what they are often unable to express on their own.

If your marriage is ending, you may feel overwhelmed. Collaborative Law (also called Collaborative Divorce or Collaborative Practice) is a structured process that provides an alternative to court. The Collaborative choice offers you the opportunity to focus on what is important to you, your family and your future.

 

Collaborative Law

 
 

How Collaborative Law Works

How does collaborative law work in the dissolution of a marriage. In some cases, couples terminating their marriage are dealing with immediate issues and the feeling of despair. In other cases there is less pressure to resolve the issues and more can be learned for both parities about the nature of the conflicts and how to resolve future problems. In general the process involves the following:

-Exploring and understanding your interests and concerns as well as your spouse’s.;

-Gathering all information necessary to make informed decisions, which requires full disclosure.

-Understanding the value of what has been disclosed (this may mean retaining outside experts,i.e. neutral appraisers, business valuation, accountants etc)

-Understanding the nature of the assets and liabilities (for example, taxed vs. accounts not yet taxed).

-Where the parties agree utilizing professional psychotherapists for further work would be helpful. -Generating options; identifying alternative responses and behaviors and choosing from those options.

 

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