What Is Collaborative Law? 

      Collaborative law is a dynamic new method of getting a divorce without going to court. Using a team approach, both spouses and their attorneys commit to resolving their disputes through honest and respectful communication. By focusing on negotiated settlement rather than adversarial litigation, participants have a better opportunity to maintain relationships, co-parent with respect, and reduce the emotional stress often associated with divorce.

 

How Does Collaborative Law Work?

      Collaborative law works in a unique way. Participants each have an experienced attorney who is trained to focus on settling the conflict in a safe and non-threatening environment. Instead of going to court to argue over and litigate issues such as parental responsibilities, spousal maintenance and property division, the participants and their attorneys meet in a series of informal, four-way settlement conferences. They jointly discuss the issues, share full disclosure of all relevant information, and develop solutions that meet the specific needs of their family. This allows the participants to be more creative in finding solutions that are acceptable to both parties, rather than having a decision made by a judge in an adversarial hearing. It also allows them the opportunity to bring in neutral third-party experts to give advice and make suggestions on issues directly related to the divorce, such as how it may impact children of various ages, or the value of a business or property owned by the couple. Divorce coaches are available to help counsel individuals or couples, so that their psychological and emotional needs are also being met during the negotiation process.

 

Who Benefits From Collaborative Law?

People who:

• want to make their own decisions about how divorce will impact their lives;
• are willing to share openly and fully disclose all relevant information;
• are committed to good faith negotiations in order to stay out of court;
• understand the benefits of hiring jointly-retained experts to advise both parties about related issues;
• are interested in protecting their children from the emotional harm that can result from adversarial legal action;
• want to maintain relationships with mutual friends, family, and each other after the divorce; and want to insure that their legal interests are protected, but realize that emotional and psychological interests are also important.

Why is Collaborative Law Right for Us? 

      Maybe it‘s not. Collaborative law is highly successful and growing rapidly, but it isn’t for everyone. In order for it to work, all participants must agree in advance to work toward settlement. An important element of the collaborative law model is the agreement between both spouses acknowledging the limited scope of each attorney’s representation. In the unlikely event that negotiations do fail, neither of the attorneys can ever represent either party in a court proceeding against the other spouse. This eliminates the temptation to fall back on the court’s power to let a judge decide important issues. Emphasis is placed on finding workable solutions that are acceptable to both parties. Successful participants not only reach an enduring settlement, but describe a sense of satisfaction that they helped create their own resolution when the divorce process is complete.

 

Where Do I Go From Here? 

      For more information, contact one of our lawyer members. We can help you decide if collaborative law is right for you, your partner, and your family.  If it is, you and your partner will each need to retain a collaborative attorney.