In New York, Collaborative Law is a new form of dispute resolution that, although not widely practiced, is gaining a foothold in New York. Both spouses are represented by lawyers in the traditional attorney-client relationship. They unconditionally promise not to go to court (litigate). With this non-combative approach, both clients and counsel are compelled to seek a negotiated agreement.

This approach will keep divorce civil, cooperative, and can even speed up the New York divorce process, since you are not at the mercy of the court's schedule. Another benefit to choosing Collaborative Law is that because you and your spouse are able to work together on an agreement, there is a greater chance that both parties will voluntarily follow through.

Collaborative divorce in New York uses informal methods of financial disclosure such as voluntary production of financial documents, four-way conferences, negotiation, and where needed, outside professionals including accountants, financial planners and family counselors. True collaborative lawyering requires commitment to the "no court" aspect of the process.

Collaborative law creates a team atmosphere compared to the adversarial atmosphere of the courtroom. Unlike mediation and arbitration, Collaborative Law in NY provides the client with trained legal advocates, without the court costs. A New York divorce handled in court is likely to be much more expensive and time consuming than the costs and time involved in collaborative law.

Collaboration is the middle ground between mediation and full adversarial litigation. In mediation, the parties meet with a neutral mediator. In mediation the parties advocate for themselves while often using the services of consulting attorneys outside the mediation sessions. The neutral cannot give any party advice or assist either of the parties in advocating their position.

In the collaborative setting in New York, each spouse is fully represented by a competent divorce attorney protecting their interests. Collaborative attorneys can also prepare all necessary paperwork for their clients and, if requested, can attend the required court hearing where the divorce agreement is presented to the court for approval.

Ingrid Gherman, P.C.

225 Broadway, Suite 1405

New York, New York 10007

Phone: (212)941-0767

Ingrid Gherman, Esq. - family, matrimonial attorney and divorce lawyer in New York, NY, Manhattan and greater New York City area

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