Collaborative Law has the same goal as mediation: It is a process that seeks to help people resolve their disputes respectfully, without the need for a painful and expensive battle in court. In collaborative practice, however, each spouse or parent is represented by an attorney trained in collaborative law. Collaborative practice provides you and your spouse or partner with the support and guidance of your own individual attorney, without going to court. Like mediation, collaborative practice is a voluntary dispute resolution process in which parties settle without resorting to litigation.

In Collaborative Practice:

1. The parties sign a collaborative participation agreement describing the nature and scope of the matter;

2. The parties voluntarily disclose all information which is relevant and material to the matter that must be decided;

3. The parties agree to use good faith efforts in their negotiations to reach a mutually acceptable settlement;

4. Each party must be represented by a lawyer whose representation terminates upon the undertaking of any contested court proceeding;

5. The parties may engage mental health and financial professionals whose engagement terminates upon the undertaking of any contested court proceeding; and

6. The parties may jointly engage other experts as needed.

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Collaborative Practice allows you the benefit of coaches, child and financial specialists all working together with you on your team. Elena Jaffe Tastensen is a founding member of the Collaborative Divorce Association of the Capital District, and has practiced collaborative law for many years.

If you would like more information about collaborative law, please visit our Frequently Asked Questions page.

To schedule a consultation, please fill out our contact form.