Collaborative Practice is an out-of-court process designed to replace the predominantly adversarial nature  of traditional matrimonial litigation with a client-directed process which prioritizes full disclosure and interests-based dispute resolution.

At the start of the CP process, both parties and their lawyers sign a Participation Agreement and commit to working in a good faith, collaborative and cooperative manner to explore and arrive at creative solutions which meet the family's interests. The parties also agree that should the CP process terminate, neither lawyer can participate in any court proceedings on behalf of their client in the future, requiring each party to retain new lawyers if the CP process breaks down.  As there is a cost to retaining new counsel, there is an incentive for both parties to remain within CP without the threat of litigation.

As a result, rather than court proceedings, the CP process involves a series of meetings (as many as necessary) with lawyers and parties present. At these meetings and, in fact, through the whole process, the parties inform the agenda, with guidance and advice from counsel. An integral part of the process, where necessary, is the joint retainer of outside specialists (financial planners, valuators, accountants, social workers, child psychologists, etc.) to help the family with the issues arising from their separation.

Lawyers at Epstein Cole have had the specific training required to represent you in a CP matter and can advise you whether your matter is appropriate for the Collaborative Practice process.