Collaborative law

From Wikipedia, the free encyclopedia

Collaborative law is a dispute resolution process that does not involve the courts. It is a process that is based on facilitative principles, such as mediation, but is distinct from mediation in that the parties are represented by their own attorneys who facilitate the discussion in accordance with an agreement. In the United States, over 10,000 attorneys have been trained in the collaborative law model.

Collaborative law has gained popularity particularly in the divorce context, where the process is known as collaborative divorce.

What is Collaborative Practice?

Collaborative Practice (also known as Collaborative Law) is valuable in situations where the parties have a need or a desire to maintain a relationship beyond the conflict to achieve dignified closure. Most often, Collaborative Practice is utilized when couples separate and divorce and must find a way to resolve their differences on all relevant issues. However, Collaborative Practice can be used in many other situations. The collaborative process is designed to minimize conflict while working toward resolution. The participants and their attorneys agree to make a good faith attempt to reach a mutually acceptable settlement without going to court. Frequently, the involvement of other professionals such as divorce coaches, child specialists and financial advisors are used. Working together, they strive to resolve the dispute in a way that addresses everyone’s legal, financial, and emotional needs. But first, they must commit to the Participation Agreement.

What is a Participation Agreement?

At the beginning of the process husband, wife, both attorneys and any other involved collaborative professionals sign a Participation Agreement that requires the parties to:

exchange complete financial information so that each spouse can make well-informed decisions;
maintain absolute confidentiality during the process, so that each spouse can feel free to express his or her needs and concerns;
participate with integrity and respect; and
reach a written agreement on all issues and concerns outside of contested court proceedings.

Is Collaborative Practice right for you?

Collaborative Practice encourages and enables spouses to dissolve their marriage respectfully.

Consider Collaborative Practice if you:

believe it is important to protect your children from the harm of litigation
see the need to disclose full and accurate information about financial issues
place a high value on personal responsibility in resolving conflict
are able to focus on a positive solution for the entire family

want to preserve a respectful working relationship after the process is over

How does it work?

First, both spouses meet with their respective collaborative attorneys to discuss individual needs and concerns. Then, the participants and their attorneys, and any other needed professionals, engage in a series of meetings designed to reach a settlement without involving the court. Every relevant issue – including property division, custody, and support – is put “on the table” in these sessions. Divorcing parties benefit from the skills, advice, and support of their attorneys and other collaborative professionals while striving to resolve their issues in a positive, future-focused manner.

What are the advantages of Collaborative Practice?

You retain control. Though you each have a lawyer, you and your spouse primarily are responsible for shaping the terms of the settlement as the key members of the team.

You gain support. You develop the settlement cooperatively with your spouse while benefiting from your attorney’s experience and problem-solving skills.

You can focus on settlement. Removing the threat of litigation reduces anxiety and fear, thereby helping you focus on finding positive solutions.

You get more from your resources. The collaborative process usually is less costly and time-consuming than litigation. When you reach an agreement, it can be finalized within a shorter time frame. The resolution is not delayed months waiting for a court date. You negotiate a better settlement. Every family is unique and every family deserves a unique solution to the issues raised in a separation and divorce. The collaborative process allows you to “think outside the box” and to fashion more creative solutions than those that would be issued by a judge after a contested court proceeding.

You create the framework for a better tomorrow. 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 moving forward.