Collaborative Law

An out-of-court alternative based on respect

Going through a divorce does not automatically mean having to endure the turmoil with which it is often associated. You have another choice, Collaborative Law. Developed as an alternative to the stereotypical divorce scenario, Collaborative Law is a new option for divorcing couples to resolve disputes respectfully without going to court. It offers couples a humane, solutions-based approach to ending a relationship.

“Collaborative Law promotes respect and gives control of the
process to the spouses, not a judge.”

It differs from the traditional process because Collaborative Law promotes respect and gives control of the process to the spouses, not a judge. Because clients agree not to go to court, The process is intended to be more open and less adversarial than the traditional litigation method. The goal is to enhance communication throughout the process and to lay the foundation for a healthier relationship during, and after, the divorce.

Collaborative Law is based upon three principles:

• The parties pledge in writing not to go to court.
• Both spouses engage in an honest and full exchange of information.
• Each solution takes into account the highest priorities of both spouses and their children.

How Collaborative Law works.

Once the collaborative approach has been chosen by the divorcing couple, each spouse selects a lawyer experienced in Collaborative Law to assist them throughout the process. The parties and their attorneys sign an agreement not to go to court.  Although each spouse and his or her lawyer meets privately, Collaborative Law is unique in that it provides for the spouses and their lawyers to come together for face-to-face discussions and negotiations - outside the courtroom.

“When children are involved, their interests are given priority.”

In an atmosphere of openness and honesty, all assets are disclosed, needs are communicated, and solutions are explored. When children are involved, their interests are given priority. In some cases, other collaborative professionals such as child specialists, financial advisers, and divorce coaches may also be involved.

The end result of Collaborative Law is a divorce agreement that has been achieved through mutual problem solving. The divorcing spouses, along with their lawyers, take control of shaping the final agreement rather than having a settlement imposed by the court.

Benefits of Collaborative Law

Designed as an alternative to the conventional method of handling divorce cases, Collaborative Law offers many distinct advantages:

• Children count. The needs of the children are given consideration in the process, alleviating potential trauma that sometimes lasts for generations.
• You remain in control. Decision making is directly in the hands of the spouses involved in divorce rather than the hands of a third party, “one size fits all” directive.
• You enjoy confidentiality. Problems are kept private.
• Solutions are mutually beneficial. The collaborative process recognizes and understands each client’s needs, interests, concerns and goals, while allowing both parties to be heard throughout the process.
• Respect is key. Collaboration changes the notion of divorce from adversarial and win/lose to a problem-solving constructive experience in which everyone is involved in a positive, win-win situation.

For more information on Collaborative Law go to www.collaborativepractice.com  and www.collabdivorce.com