Questions

1. What is Collaborative Divorce?
2. How does Collaborative Divorce differ from Mediation?
3. What other professionals are involved?
4. What if we have to go to Court?
5. How can we collaborate if we aren't getting along?
6. How does Collaborative Divorce work?
7. What is a Collaborative Law Practice Group?
8. How much does it cost?

What is Collaborative Divorce?

In a Collaborative Divorce each party is represented by counsel who is present for all negotiating sessions. Each attorney is trained to focus on the overall well-being of the entire family unit. The attorneys work as a team, seeking to reduce conflict and generate constructive solutions. In a collaborative divorce, the attorney can advocate the client's position within the overall framework of a restructured family because each attorney remains focused on a "win-win" solution.

Collaborative Divorce is a unique and private approach to resolving issues that arise when a couple decides to separate. The goal of this collaborative process is to offer a couple a structured, non-adversarial process within which to resolve their property, support and parenting disputes. In the collaborative process, the couple and their attorneys sign a written agreement to address all issues without Court involvement. The collaborative approach creates an atmosphere of open communication and cooperation that assists the couple in shaping an agreement that fits the needs of their restructured family.

How does Collaborative Divorce differ from Mediation?

In mediation, one neutral professional works with the couple to resolve disputes. The mediator assists the parties in understanding each other's points of view and developing settlement options. The mediator cannot give legal advice or advocate for either party.

What other professionals are involved?

Couples who choose to divorce collaboratively have a wide option of resources upon which they can draw. As their circumstances require, they may choose an accountant, a real estate or business appraiser and a retirement account advisor to be present at their meetings or to provide information to assist in their decision-making process. The couple shares the cost of this individual, who will provide neutrally-based information regarding their assets and various methods of valuing and dividing them. The couple and their attorneys agree to limit this individual's involvement to the collaborative process, thus enhancing the cooperative effort.

Additionally, couples with significant or unique parenting issues may wish to jointly retain a third attorney as their collaborative Guardian Ad Litem. This individual with training and experience in parenting issues, would bring the voice of the child to the collaborative table to ensure that the focus remains on the overall family. The couple may wish to involve a child psychologist to discuss special developmental or educational issues regarding their child.

All professionals participate in the joint effort to achieve a settlement agreement between the couple.

What if we have to go to Court?

The collaborative attorney may not represent the client in Court. This concept is central to the collaborative process and to the couple's commitment to a non-adversarial resolution of their divorce-related issues. The Court system does not become involved in the collaborative process until the final agreement is signed and the couple is ready to submit it to the Court. The need to go to Court prior to the final hearing indicates a breakdown in the negotiating process. The collaborative attorney is specially trained in guiding and directing the negotiations into creative approaches.

How can we collaborate if we aren't getting along?

Many people recognize that the marriage is over, and yet they want a secure and private setting for entering into agreements regarding the parenting of their children and the distribution of their property.

But Collaborative Divorce isn't limited to those individuals. A collaborative attorney is specially trained to address conflict and disagreement in a creative and calming fashion. The team of attorneys works with their clients, individually and in the meetings, to acknowledge fears and concerns, and then focus the client toward a productive, non-adversarial resolution that is acceptable to the client.

How does Collaborative Divorce work?

The process itself utilizes a series of informal conferences attended by the attorneys and the clients, as well as any jointly-retained expert. An agenda is set prior to each meeting, to limit the prospect of a "surprise issue" being raised. Clients work closely with their attorneys prior to the meetings, so that they are familiar with the issues to be discussed and have an understanding of the law in that particular area. All pertinent documentation is available prior to the meetings, to allow ample time for review, discussion and further research. All negotiations are conducted openly and the clients fully participate in the discussions.

What is a Collaborative Law Practice Group?

Collaborative lawyers who have undergone similar training organize themselves into practice groups as a way of ensuring a common basis of professional training, understanding and trust between the practitioners. They frequently meet as a group to problem-solve and discuss unique issues that may arise in a collaboration. This enhances their ability to work together to assist their respective clients when the negotiations become difficult or emotionally-charged.

How much does it cost?

There is no set fee for a Collaborative Divorce. Collaborative representation requires a fee agreement between the attorney and client, and time is billed by the hour. Jointly-retained professionals are paid separately. However, the time spent in a collaborative meeting is much more cost-efficient than Court time, in that the attorney's time is solely focused upon resolving the client's case.