Collaborative Divorce
What is Collaborative Family Law?
In collaborative family law, each party hires a specially trained and certified collaborative attorney, and all four work together in a cooperative, non-adversarial process with a mutual goal of reaching a fair settlement of all issues. The parties and attorneys communicate and negotiate directly with one another in structured four-way settlement meetings. Binding commitments are made by both parties and their respective attorneys to voluntarily disclose all financial and other relevant information, to proceed respectfully and in good faith in settlement negotiations, and to refrain from the threat or use of litigation. The parties agree that they will not go to court and if anyone wants to do so, both collaborative attorneys would be disqualified and must withdraw, and both parties would need to retain new attorneys to represent them if they wish to be represented in court. If required, experts are brought into the process as neutrals who are jointly retained by the parties. In addition, collaborative divorce may involve a team approach; possible team members include financial advisors and mental health professionals who can serve as coaches to help the parties effectively participate the process, and financial specialists to assist with financial issues. In the event that these other professionals are brought into the process, they would contribute the assistance which their training and experience make them uniquely qualified to provide. In the collaborative process, the parties hire attorneys as legal advisors and settlement specialists. This process encourages creative problem solving, win-win negotiations, and resolutions that meet the needs of all members of the family. In collaborative family law, the parties are directly involved in the process and retain control over the outcome. Collaborative family law is a newer dispute resolution method than other options, but experience indicates that collaborative divorce often leads to greater satisfaction for the parties to the dispute, and a reduced likelihood to return to litigate future issues in court.
| Advantages | Disadvantages |
| 1. Collaborative family law is designed to minimize hostility and negative conflict, and to instead refocus the parties on constructive, mutually satisfactory methods of arriving at outcomes. This is a significant benefit to the parties’ children, since research has shown that conflict and hostility between parents, an almost inevitable consequence of adversarial litigation, is significantly damaging to children. 2. Collaborative family law as a process significantly increases the likelihood that parties to a family law dispute can resolve the dispute while preserving a positive relationship. This can be quite valuable when there will be a need to maintain a co-parenting relationship with the other party and/or when preserving as positive a relationship as possible is important based on a party’s values. 3. Assurance that the attorneys involved have specialized training in family law dispute resolution and will not create or worsen conflict. 4. The unique ability to incorporate other professionals into the process, such as mental health professionals and financial specialists, who can contribute insight and assistance which their training and experience make them uniquely suited to provide. 5. The ability to maintain control and direct involvement in the process, and the related assurance that neither party has to face the risk or fear of an unknown, imposed decision. 6. The ability to keep the matters involved in the case comparatively much more private than litigation. 7. Collaborative family law is extremely flexible. It allows the parties, working together with their attorneys, to explore creative solutions to meet their circumstances. 8. The potential for cost savings. While not necessarily a “low cost” alternative, parties using collaborative family law have the assurance that they have direct control over the resources used in conjunction with the process, and that by definition, all such resources are being expended directly toward resolving issues. |
1. The possibility that one of the parties will attempt to use the process to delay resolution of the dispute, avoid disclosing relevant information, seek to disqualify the other party’s first choice regarding legal representation, or otherwise act in bad faith. 2. In the event that, despite the best efforts of both parties, the process is unsuccessful, there might be increased cost to both parties since they would need to retain new attorneys for litigation. |
If you have questions about any of the foregoing information, or would benefit by further discussing the dispute resolution options available and which one is right for you, contact one of our collaborative professionals members.