How is the Collaborative Process different from Trial?

by: Katie Miller | Website

How is the Collaborative Process different from Trial?

In North Carolina, our court system generally has an “open door” policy.  In other words, the trial process in North Carolina is generally open to the public except in certain situations.  This means that not only our trials open to the general public, but so are the records and pleadings associated with those cases.

The general rationale for this long-held custom of American jurisprudence is that the courts must be open to the public so that they are accountable to the public.  Put simply, just as the public is able to judge the legislative and executive branch based on their actions and hold them responsible for same, citizens should be able to do the same with the judiciary.  Providing open access to the courts is the mechanism that allows for such accountability.

However, there is an alternative to the court system and your divorce or family law matter being put out for the public to see.  Collaborative Process eliminates the requirement of going to court, and helps families strategically settle all of their issues out of the public eye.

The goal of the collaborative process is to work in a respectful and cooperative manner applying the principles of collaborative law.  Your Collaborative Process will involve trained and certified members of the Charlotte Collaborative Divorce Professionals, with its membership being comprised of Family Law Attorneys, Mental Health Professionals, and Financial Professionals.  The goal of collaborative group practitioners is to individually craft your team and provide professional assistance for your divorce needs during this difficult transition.

If you believe the Collaborative Process is best for you and your family, contact any of our members today to start planning your private, customized Collaborative Divorce Process.

Katie Miller is a partner and founding member of Miller Bowles Law where she practices family law as a board certified Family Law specialist. Katie is committed to honoring and serving her client’s in their time of need.