Collaborative Law

Attorney Robert L. Gigliotti is a member of the International Academy of Collaborative Professionals and Los Angeles Collaborative Family Law Association.

Collaborative law is a way to resolve disputes by removing the disputed issues from the court room setting and treating the process as a way to problem solve rather than to fight and win.

Each party retains their own separate attorney, whose job it is to help them settle the dispute. No one may go to court. If that should occur, the collaborative law process terminates and both attorneys are disqualified from any further involvement in the case.

The parties sign a contractual agreement which include the following terms:

1.  Disclosure of Documents.  Each party agrees to honestly and openly disclose all documents and information relating to the issues. Neither spouse may take advantage of a miscalculation or an inadvertent mistake. Instead, such errors are identified and corrected;

2.  Respect.  Each party agrees to act respectfully and avoid disparaging or vilifying any of the participants;

3.  Insulating Children.  The parties agree to insulate the children from the proceeding and to act in such a way as to minimize the impact of the divorce on them.

4.  Sharing Experts.  The parties agree to implement outside experts when necessary and share the costs related to those experts. (e.g. real estate appraisers, business appraisers, parenting consultants, vocational evaluators, or accountants)

5.  Win-Win Solutions.  The primary goal of the process is to work toward an amicable solution and to create a "win-win" situation for all.

6.  No Court.  Neither party may seek or threaten court action to resolve disputes. If the parties decide to go to court, the attorneys must withdraw and the process begins anew in the court system.

Certainly, collaborative law will not work in every case.  It takes two willing participants committed to effectively use the collaborative law process.


MEDIATION 
 
In addition to Collaborative Law,  we also offer mediation services.  The primary advantage that mediation affords over litigation is that it allows spouses to make decisions themselves, which would otherwise be made in Court by judges. In addition, there is no risk in attempting to mediate divorce issues first because there is no obligation to avoid court if you are unable to reach a satisfactory divorce settlement agreement.

I often recommend mediation with a neutral third party to work out disagreements, particularly when children are involved.  I advise clients on legal strategies and recommendations for workable, out-of-court custody and visitation agreements; as well as financial issues relating to child support, spousal support and property division.

I also provide independent mediation services, including divorce cases where I do not represent either party involved. In these cases, I meet with both parties with the goal of reaching a mutually acceptable settlement. I then draft all necessary documentation to conclude the entire divorce action, without the parties ever stepping foot into the courthouse.

Although Mediation and/or the Collaborative Law process is not for every one or every case, it is certainly worth exploring your options when deciding to divorce.  When each party is committed to deal with their divorce in a child centered and amicable manner, they will most certainly be better off financially and emotionally.

I am currently on the Mediation Panel for the Los Angeles Superior Court - Family Law Section, and offer collaborative law, mediation and family law litigation services.