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Collaborative Divorce
Overview of Collaborative
Divorce
Collaborative
Law, Collaborative Process, and Collaborative Divorce are terms often used interchangeably. However,
they are all components of Collaborative Practice, which includes:
Differences Between
Collaborative Divorce and Divorce Mediation
In Divorce Mediation, an impartial
third party, the Mediator, facilitates the negotiations of the disputing parties and tries to help
them settle their case. The Mediator, however, cannot give either party legal advice, and cannot
be an advocate for either side.
Collaborative Divorce was designed to allow clients
to have their lawyers with them during the negotiation process. It is the job of the lawyers,
who have received training similar to the training that Mediators receive in interest-based negotiation,
to work with their own clients and one another to assure that the process stays balanced, positive
and productive.
Both Collaborative Divorce and Divorce Mediation
rely on the voluntary and free exchange of information and a commitment to resolutions that respect
the parties' shared goals. Professional advice should be sought when deciding whether Divorce Mediation
or Collaborative Divorce is the best process for any individual case.
What is a Collaborative Team?
The premise of the "collaborative
team" is that parties and their chosen professionals act as a problem-solving team rather than as
adversaries. A collaborative team can be any combination of professionals that the parties choose
to work with to resolve their dispute.
What is an Interdisciplinary Team Model?
The interdisciplinary
collaborative team model is a multi-disciplinary team approach to dispute resolution in separation
and divorce, which includes attorneys, coaches, a financial specialist, and when there are minor
children, a child specialist working interactively as co-equals. Professionals on the team all subscribe
to the same core values and shared beliefs, that none of the team members will be involved in any
court process concerning a shared case, and all members will withdraw from the case if it becomes
a court process.
This integrated model
provides the couple with the services they need from the professional most qualified to address each
of the complex and varied issues of divorce. Working together, these Collaborative professionals
help divorcing couples achieve an outcome that would not be possible without this cooperative team
involvement.
Differences Between Collaborative Divorce 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 settlement 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 Divorce, 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 Divorce can greatly ease the emotional strain caused by the
breakup of a relationship, and protect the well-being of children.
How Does Collaborative
Divorce 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 divorce agreement.
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