Collaborative Law and Mediation

Denver, Colorado, Collaborative Law and Mediation Attorneys

Collaborative Family Law: A new alternative to dispute resolution, Collaborative Divorce allows you to divorce with dignity, respect, and cooperation. Each spouse retains a lawyer to act as an advisor, and they conduct settlement negotiations with their lawyers by their sides so that client ownership of the process is combined with legal protection.

Collaborative lawyers are committed to resolving divorce issues with dignity, respect, and integrity; both parties and their individual attorneys commit themselves to resolving disputed issues by negotiated agreement. The hallmark of collaborative law is the quality of the process and satisfaction with the outcome for all concerned.

The purpose of the Collaborative Law is to create a non-adversarial alternative to the litigation model of divorce. The collaborative method differs from the usual divorce track because the parties agree up front not to litigate the case. That is, they agree not to go to court for any reason except to submit their Agreement to the court for its approval and adoption.

In a nutshell, the parties agree to mutual, early, and open disclosure of all relevant information. The parties agree to work through their problems with their attorneys openly and honestly. Independent professionals, such as accountants, therapists, mediators, and financial planners, can be brought in to settle disputed issues that cannot be resolved among the parties and their attorneys.

Everyone benefits. Parties who participate in the Collaborative Divorce model are better able to maintain healthy relationships with their children and former spouses. Parties who opt for this process benefit by learning to communicate with their former spouses in a more productive and less stressful manner. Collaborative law has many similarities to mediation but offers benefits to the client that mediation cannot, such as close contact and consultation with one's own attorney, who is working in concert with the other collaborative law professional and his or her client to facilitate the process. This can be vital in situations where the couple has children and must continue to communicate with each other. The couple learns, through this process, that the goal is to work together in the children's best interest.

The process may also include other professionals, such as therapists, financial planners, etc. Both parties and their professionals agree to be cooperative, forthcoming, and willing to work together to achieve a resolution. If you can't reach agreement, both lawyers (and their law firms) must withdraw. The fact that there's no room for litigation during the process ensures that the participants are truly committed to reaching a reasonable settlement.

Mediation: Mediation is managed negotiation. It is a process in which a trained third party helps a couple in transition resolve their own disputes. It involves seeking a settlement designed and agreed upon by both parties, in a structured way that helps them maintain a civil relationship and avoid impasse. Mediation can occur with or without lawyers present but it is usually recommended that mediation clients get some legal advice prior reaching an agreement in mediation. Mediators do not have to be lawyers, although Mr. Toray is an attorney and will draft and file divorce documents agreed upon by the parties.

Collaborative Law or Mediation? Ultimately it is up to the individuals to decide which dispute resolution model is best for them. Mr. Toray will discuss these options with the client, as well as the litigation model, so that the client can make an informed decision about which process best fits his or her needs.

Mr. Toray also provides "Unbundled" consulting services on an hourly basis to those clients who cannot afford, or do not wish full representation services and prefer to do their own divorces - but with assistance. In these cases, Mr. Toray may propose and review settlement options, run support schedules, coach them for settlement discussions, draft documents, do research, and may make a limited appearance in court.

Credit cards accepted - Flexible office hours
Affiliated office in Glenwood Springs