What is Collaborative Law?

Origin

  • The needs of families separating or divorcing require the resolving of many problems. 
  • Litigation is not a process designed for solving problems, it is a process designed for winning arguments. 
  • The collaborative model was created and based on the idea that rather than assuming the conflict must adapt to the traditional adversarial litigation model, the model should adapt to the conflict and to the actual needs of the parties.

What is it?

Collaborative divorce is a positive, solution-oriented approach in which the parties and their lawyers agree to work together to resolve issues and reach a fair agreement without the threat of going to court.  Although each party has a lawyer to act as his or her advisor and advocate, the focus is on mutual, client-driven creative problem solving.  The parties and their lawyers work cooperatively to gather facts and documentation to have a full, honest and open voluntary exchange of information.  Issues are resolved without the risk and emotional turmoil that usually accompany divorce.  Working together, they strive to dissolve the marriage in a way that addresses everyone’s legal, financial, psychological, spiritual and emotional needs. 

In collaborative divorce, both parties and their attorneys sign an agreement at the beginning that they will work cooperatively and not use the court or the threat of going to court.  The lawyers are disqualified from ever representing their clients in court if either party breaks the agreement.  The agreement creates a cooperative spirit in which the parties and their lawyers are invested in the process. The parties retain control of the process, stress is reduced and efficiency is greatly increased.

Key Elements

  • A pledge not to go to court or threaten to go to court to resolve disputes
  • An honest and good faith exchange of information by both parties without formal discovery
  • No “attack”, threats or intimidation
  • Maintain absolute confidentiality during the process so that each spouse can feel free to express is or her needs and concerns
  • A goal of creating solutions that take into account the interests of both parties and their children

 

Advantages

It allows people to have professional representation and advice without the fear that lawyers will throw gasoline on the fire

You get more for your resources.  It avoids unnecessary costs to the parties, which are incurred by trial preparation when the case is continually adjourned by the court or settled short of trial.

It forces the parties and their attorneys to concentrate on problem solving and settlement.  Removing the threat of “going to court” reduces anxiety and fear, thereby helping you focus on finding positive solutions.

You retain control.  Though each of you have a lawyer, both you and your spouse take responsibility for shaping the settlements as the key members of the team.

You lay groundwork for a better future.  There is no pain-free way to end a marriage, but by reducing stress, working in a climate of cooperation and treating each other with respect, you and your spouse are creating an environment in which you and your children can thrive.

You negotiate a better settlement.  Every family is unique and every family deserves a unique solution to the issues raised in the separation or divorce proceeding.  The collaborative process produces final agreements that are frequently more detailed and complete than any order that would be issued by a judge after a contested court proceeding.

It avoids the emotional cost incurred by the fear and threats of going to court.