Collaborative
Divorce is an alternative to the adversarial divorce process
where professionals and the spouses or partners commit in writing to work
together to help the couple reach a divorce settlement out of
court which addresses the needs and interests of the couple and
their family.
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.