Collaborative Family Law is an approach to resolving traditional court-decided family law matters without the anticipation of contentious litigation of hearings or a trial. In Collaborative Law, the parties can develop their own solutions to the legal disagreement in question. David Kazen is trained in the Collaborative Law method. He recommends the use of Collaborative Law whenever the issues in dispute and the maturity of the parties permit its use.
Collaborative Law may not be appropriate for some cases. Cases involving domestic abuse or drug abuse may be more effectively resolved in court. Cases in which the parties cannot or will not agree on a common resolution of their family law matter, whether in Collaborative Law or not, must be resolved in court.
Litigation can be highly adversarial, accusatory, acrimonious and combative. By its very nature, litigation requires a party and his or her attorney to focus on critically attacking the behavior of the opposing party while presenting the party's own behavior in the best light possible. When both sides of a dispute present this way, there can be feelings of outrage, anger and bitter resentment that significantly outlast the particular legal disagreement. Often, this negative bi-product of litigation is simply not necessary to address and resolve the legal issue. Through the use of collaborative-trained lawyers, parties can craft their own solutions to match their specific circumstances in ways that courts sometimes cannot or will not permit. Collaborative Law is particularly useful where parties have children or continuing interaction with each other. In such cases, minimizing acrimony may well be an important consideration.