What happens if an agreement is not reached in a collaborative law process?

If an agreement is not reached in a collaborative law process in Florida, the collaborative law process ends and the parties are free to continue the dispute through other means. The attorneys representing the parties are then disqualified, and the parties must retain new attorneys to litigate the case if necessary. In addition, the parties cannot use information shared during the collaborative law process in subsequent litigation or court proceedings. This includes written documents, verbal discussions, and emails shared between the attorneys and parties during the collaborative law process. This rule is known as attorney-client privilege and is meant to encourage candid communication between parties and attorneys. The purpose of collaborative law is to try to resolve disputes without having to go to court, so parties should make every effort to try to reach an agreement. To encourage parties to reach an agreement, some attorneys provide flexibility on the process. This may include allowing parties to bring in additional professionals such as mediators, child or financial specialists, or having attorneys come up with creative solutions that could be more suitable for both parties. Ultimately, the goal of collaborative law is to find a resolution that is agreeable to both parties. When an agreement is not reached in a collaborative law process, the parties can still try to find a resolution through other means but should be aware of the potential cost implications associated with those alternatives.

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