What are Collaborative Law, Collaborative Practice, the collaborative process, and Collaborative Divorce?

Collaborative Law, Collaborative Practice, Collaborative Process, and Collaborative Divorce are terms often used interchangeably. As used in my practice, regarding dissolution of marriage, the current and I think best term is “Collaborative Practice.” This is because in Collaborative Practice we can involve other professionals, take advantage of their specialties, and tailor the process to your particular needs; usually at a lower overall cost.

What is the difference between Collaborative Practice and Mediation?

In mediation, there is one “neutral” third party who helps the disputing parties try to settle their case. The mediator should not give either party legal advice, and cannot be an advocate for either side. Collaborative Law was designed to allow clients to have their lawyers with them during the negotiation process, while maintaining the same absolute commitment to settlement as the sole agenda. Each client has quality legal advice and advocacy built in at all times during the process. It is the job of the lawyers to work with their own clients and one another to assure that the process stays balanced, positive and productive.

What is the difference between Collaborative Practice and conventional divorce?

In conventional divorce, one spouse sues the other for divorce and sets in motion a series of legal steps. These eventually result in a resolution achieved with the involvement of the court. Unfortunately, spouses going through a conventional divorce can come to view each other as adversaries, and their divorce as a battleground. The ensuing conflicts can take an immense toll on the emotions of all the participants, especially the children. Collaborative Practice, by definition, is a non-adversarial approach to divorce. The spouses—and their lawyers—pledge in writing not to go to court. They negotiate in good faith, and achieve a mutually-agreed upon settlement outside of court. The cooperative nature of Collaborative Practice can greatly ease the emotional strain caused by the breakup of a relationship, and protect the well-being of children.

What does Collaborative Practice do to minimize the hostility often present in divorce?

Collaborative Practice is guided by a very important principle: respect. By setting a respectful tone, Collaborative Practice encourages the divorcing spouses to demonstrate compassion, understanding and cooperation. In addition, collaborative professionals are trained in non-confrontational negotiation to help keep discussions productive. The goal of Collaborative Practice is to build a settlement on areas of agreement, not to perpetuate disagreement.

How does Collaborative Practice actually work?

When a couple decides to pursue a Collaborative Practice divorce, they each hire Collaborative Practice lawyers. All of the parties agree in writing not to go to court. Then, the spouses meet both privately with their lawyers and in face-to-face discussions. Additional experts, such as divorce coaches and child and financial specialists, may join the process, or in many cases, be the first professional that a client sees. These sessions between spouses and their counselors are intended to produce an honest exchange of information and expression of needs and expectations. The well-being of any children is especially addressed. Mutual problem-solving by all the parties leads to the final agreement.

Is Collaborative Practice a faster way to reach an acceptable settlement?

Individual circumstances determine how quickly any dispute resolution process proceeds. However, Collaborative Practice can be a more direct and efficient form of resolution. From the start, it focuses on problem solving, not blaming or endlessly airing grievances. Full disclosure and open communications help to assure that all issues are discussed in a timely manner. Finally, because settlement is reached out of court, there is no waiting for the multiple court appearances that may be necessary with conventional litigation.

How does Collaborative Practice focus on the future?

Divorce and termination of domestic partnerships are both an ending and a beginning. Collaborative Practice helps each spouse/partner anticipate their needs in moving forward, and include these in the discussions. When children are involved, Collaborative Practice makes their future a number one priority. As a more respectful, dignified process, Collaborative Practice helps families make a smoother transition to the next stage of their lives.