A DIVORCE IS NOT A WAR

Collaborative law offers an alternative to the traditional costly method of divorce. Collaborative law is a cooperative, voluntary conflict resolution vehicle for parties going through a separation, dissolution or other family law matter. The participants, which include both the attorneys and the parties, acknowledge that the essence of "collaborative law" is the shared belief that it is in the best interests of parties and their families in family law matters to commit themselves to avoiding adversarial proceedings -- particularly litigation -- and instead to work together to create shared solutions to the issues presented by the parties.The goal of collaborative law is to minimize, if not eliminate, the negative economic, social and emotional consequences of litigation to families. Choosing collaborative law requires a commitment to resolving differences justly and equitably.

Is collaborative divorce right for you? Ask yourself whether it would be a goal of yours to:

• Resolve issues in a manner thar caused no harm to your children?
• Protect your children from the harm associated with a litigated dispute?
• Maintain privacy in your personal affairs by keeping the details of your problems out of public record?
• Obtain a civilized and respectful resolution of the issues?
• Maintain control over decision making and not hand over decisions about your financial affairs or children to a Judge?
• Maximize the possibility of having an effective co-parenting relationship with your spouse?
• Create a settlement that was maximally beneficial to each of you?
• Keep control of the process, control its cost and have control over all the agreements?
• Work in a process that you experienced as safe?

Collaborative practice defined: Collaborative practice is a method for resolving disputes through the structured assistance of collaborative professionals that include lawyers, mental health professionals and financial planners. The process is distinguished from traditional litigation procedures by the clients and professionals entering into a contractual commitment to negotiate settlement without using the court system to decide any issues for the parties.

The process:  Each party selects a lawyer to represent them in the collaborative divorce proceeding. The parties and their lawyers sign a collaborative representation agreement. The parties exchange financial and other information, and participate in negotiations and meetings designed to work out the issues they would otherwise have to bring to court. No motions are filed or argued in court while the collaborative divorce is pending, nor do the parties engage in formal "discovery." There are no depositions, discovery motions or hearings during this process. Instead, the parties and their lawyers meet in a non-adversarial and confidential setting. The parties are encouraged, but not forced, to settle.  If the parties cannot agree to some or all of the issues, their lawyers will withdraw and the parties can retain lawyers to represent them in further proceedings.

The difference between collaborative divorce and mediation:Collaborative divorce is  a middle ground approach between mediation and full adversarial litigation. In mediation,the parties meet with a neutral party who works with the parties in solving their disputes. The parties are their own advocates while often using the services of consulting attorneys outside the mediation sessions. The mediator cannot give advice or assist either of the parties in advocating their position. While a mediator can assist the parties in reducing their agreement to writing, the mediator cannot prepare an agreement for the parties and cannot appear in court on behalf of either or both of the parties. n the collaborative divorce proceeding,  each party is fully and individually represented throughout the process. Parties who might not be as skilled in negotiating or in understanding financial or legal nuances can feel secure that their lawyer is  protecting their interests. Because the collaborative process provides the parties with added support, it may be a more comfortable option for many clients. Collaborative attorneys can also prepare all necessary paperwork for their clients. 

The benefits of collaborative law

• Opportunity for clients to maximize options and outcomes.

• Professional commitment to client empowerment.

• A problem solving, rather than adversarial approach.

• The "hammer of litigation" is off the table.

The cost of collaborative divorce: Clients often question the cost of this process. Cost is a huge factor for most couples as they divorce. In a traditional divorce, litigants’ often have little or no over legal bills once the litigation template becomes the engine of their divorce. Litigants are completely unable to control the time their lawyers spend waiting in court to be heard, the volume and length of correspondence exchanged between counsel, or the extensive pretrial discovery, required by the Court, but often not particularly needed by the clients.  Collaborative divorce eliminates those costs.  As a result, parties generally spend about one third of the amount of fees they would have spent in a traditional litigated divorce.

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