Miller Bowles Cushing is proud to announce that founding partners Chris Miller and Kate B. Miller have obtained certification in the area of Collaborative Law and are now members of the International Academy of Collaborative Professionals.
Collaborative Law is a new methodology of family law which seeks to remove confrontation, dispute, and help clients and their children reach an emotional and meaningful resolution to divorce. To achieve these goals, Collaborative Law utilizes a group of experts, often attorneys, therapists, financial experts, and others certified in the collaborative method of divorce to work as a team to help parties decide all issues relating to the end of marriage. To participate in a Collaborative Divorce, both parties must sign of a contract which includes a voluntary disclosure of financial information, a sharing of medical or financial experts, and rules for insulation of the children from the process to minimize the impact of divorce.
One of the key components of the Collaborative Law contract is requirement that neither party may seek or threaten court action to resolve disputes. This reduces animosity but also allows the parties to work towards resolution on their own timeline rather than being forced to abide by the typical court schedule. A resolution obtained without court hearings and trial is also likely to be more cost-effective for clients. To strengthen the contract against court action, if either party does seek court action, both attorneys are required to withdraw from further representation and both parties are then required to obtain new counsel.
Recent reporting shows that more than 80% of all family law cases in North Carolina settle, either on all issues or in part, without court action. The Collaborative Law process helps achieve settlement in a manner that dissuades further animosity through court action and the adversarial positions necessitated through litigation.
If you are interested in Collaborative Law, please contact us today at: (704) 810-1400.