Collaborative divorce is a positive, solution-oriented
approach in which the parties and their lawyers agree to
work together to resolve issues and reach a fair
agreement without the threat of going to court. Although
party has a lawyer to act as his and her advisor and
advocate, the focus is on mutual, creative problem
solving. The parties and their lawyers work
cooperatively to gather facts and documentation and to
have a full, honest, open and voluntary exchange of
information. Issues are resolved without the risk and
emotional turmoil that usually accompany divorce.
In collaborative divorce, both parties and their
lawyers sign an agreement at the beginning that they
will work cooperatively and not use the court. The
lawyers are disqualified from ever representing their
clients in court if either of the parties breaks the
agreement. The agreement to collaborate creates a
cooperative spirit in which parties and their lawyers
are invested in the process. The parties retain control
of the process, stress is reduced, and efficiency is
greatly increased.
