Collaborative Cases

In collaborative cases, both parties agree to voluntarily disclose all information and use good faith efforts in negotiations. Both parties also must be represented by collaboratively trained attorneys and may engage other mental health and financial professionals to assist in reaching settlements. These cases require a special certification and Collaborative Divorce Training through the Collaborative Family Law Counsel of Wisconsin (CFLCW). Attorney Phillips has maintained this certification for over 10 years.

Collaborative Family Law is different from the traditional approach to divorce because it focuses on working with a team. In this process, the parties and attorneys use the skills of coaches, child specialists, financial experts, and others to create a family law team. These collaborative team members are experts in their field just like attorneys are experts at the legal aspects of a family law case.

Through the use of the collaborative team, the parties agree not to litigate their disputes in the courthouse, but rather to use all available “tools” to resolve these issues with cooperation. For example, all parties in a collaborative divorce case agree to voluntarily disclose all information relevant to the case and to use good faith efforts in the negotiations to reach an agreement.

The foundation of Collaborative Law is applicable to many other areas of family law in addition to divorce: post-divorce issues, paternity cases for unmarried parents, legal separations, pre and post-nuptial agreements, and many others. Regardless of the case type, the goal is a client-centered process, unique to each particular case, with the overall priority of preserving relationships and encouraging a sense of fairness and cooperation.

In the collaborative process, parties must be represented by attorneys who are certified in the collaborative process, ensuring that both lawyers involved are committed to promoting peace and not prolonging any unnecessary disputes.