Sarasota & Manatee Counties · Boutique Family Law
Collaborative Law Attorney in Sarasota
A settlement-first approach to family law disputes — used for divorce, and for much else besides.
Collaborative law is a method, not a single service.
It is an approach in which both parties, each represented by their own trained attorney, agree in writing to resolve their dispute without going to court — working through it in meetings, sharing information openly, and bringing in neutral professionals where expertise is needed.
Most people encounter it through divorce, and if that is your situation, our collaborative divorce page covers the process in full. But the method applies to a range of family law matters, and that is what this page is about.
Where the Collaborative Method Applies
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Divorce
The most common use, and the one most people are researching. Our collaborative divorce page covers the team, the process, the costs, and who it suits.
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Parenting plans and timesharing
Decisions about children are the ones parents most often regret handing to a judge. A collaborative process keeps those conversations between the two people who actually know the child.
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Support arrangements
Where income is variable or difficult to characterize, working through the numbers with a shared neutral is frequently more productive than exchanging competing calculations. See our alimony page.
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Post-judgment modifications
When circumstances change after a divorce is final, the collaborative method can address it without returning to a contested courtroom. See modification and enforcement.
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Marital agreements
Prenuptial and postnuptial agreements are negotiations between people who intend to stay together. A collaborative posture suits them better than an adversarial one.
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Other family disputes
Any family law matter where both parties would rather resolve things by agreement than by litigation is a candidate for the collaborative method.
The Participation Agreement
Every collaborative matter begins with a written agreement signed by both parties, both attorneys, and any neutral professionals involved. It is the document that makes the method work.
In general terms, it sets out:
- A commitment by both parties to resolve the matter without going to court
- An obligation to disclose information openly and voluntarily, rather than through formal discovery
- How neutral professionals will be engaged and how they will serve both parties
- How the process will be conducted, and how confidentiality will be handled
- What happens if the process ends without agreement — including that both attorneys withdraw and new counsel must be retained
The specific terms are discussed and agreed before anyone signs. Understanding what you are committing to is part of deciding whether the method is right for your situation.
Trained in Collaborative Practice Since 2014
Collaborative work requires attorneys who have been specifically trained in it. Both sides need trained counsel, and the approach differs meaningfully from ordinary negotiation — it is a distinct skill set rather than a matter of temperament.
Leslie Loftus sought that training in 2014, well before the process was widely offered in this area. It was a deliberate decision to give clients a genuine alternative to litigation rather than only the adversarial route.
That said, the value of a collaboratively trained attorney rests partly on what she knows about the alternative. Over 20 years devoted exclusively to Florida family law, preceded by 20 years in commercial litigation, means an informed view of what a contested case would actually involve — which is exactly what makes an assessment of a proposed settlement worth having.
Common Questions
Is collaborative law only for divorce?
No. Divorce is the most common application, but the method is used for parenting plans, support arrangements, post-judgment modifications, and marital agreements. Any family law matter where both parties prefer to resolve things by agreement is a candidate.
Does both sides' counsel need to be collaboratively trained?
Yes. The method depends on both attorneys understanding and committing to the process. If the other party’s attorney is not trained in it, the collaborative approach is not available.
How is this different from simply negotiating a settlement?
Ordinary negotiation happens in the shadow of a possible trial, and both sides prepare accordingly. Collaborative practice removes that possibility by written agreement, which changes how both sides behave. Information is shared openly rather than strategically, and neutral professionals replace competing experts.
What if we cannot reach agreement?
The process ends, both attorneys withdraw, and each party retains new counsel to litigate. This is built in deliberately, so that nobody at the table benefits from the process failing.
Where do I start?
With a conversation. We will assess whether the collaborative method suits your situation and, if it does not, discuss the alternatives honestly.
Considering a Collaborative Approach?
If you would rather resolve a family law matter by agreement than by litigation, the collaborative method may be a fit. If your situation is a divorce specifically, our collaborative divorce page covers the process in detail.
941-444-7278 · leslie@loftuslaw.net
Serving Sarasota, Bradenton, Lakewood Ranch, Venice, Osprey, Nokomis, and Manatee County.
The information provided on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this page or contacting Loftus Law.