| Collaborative Process/Collaborative Divorce Resolving Disputes Respectfully |
| Collaborative practice/collaborative divorce provides you with a different way to divorce. Collaborative Practice is a cost-effective, problem-solving approach that can minimize the impact of conflict on you and your children and can result in an amicable divorce and a better situation moving forward for all involved. Collaborative Practice provides you and your spouse with the support and guidance of your own lawyers without the stress of going to court. Additionally, Collaborative Practice allows you the benefit of additional professionals, such as a neutral coach and child and financial specialists, all working together with you on your team. The results are legally binding agreements that resolve the issues facing your family. Empowered with the information, guidance, and support that you need, you are able to make sound long-lasting decisions that will impact you and your family for years to come.The Collaborative Process begins when people who are having a dispute hire collaborative professionals such as attorneys, a neutral mental health professional coach, or a neutral financial professional. A team is formed to help the clients resolve their dispute. The team members and the clients sign a Participation Agreement which provides, among other things, that the clients will negotiate in good faith, provide all relevant information, and work diligently to reach an agreement. Collaborative Practice (which encompasses the terms Collaborative Law, the Collaborative Process and Collaborative Divorce) has four key elements: 1. The voluntary, free and open exchange of information. 2. The pledge not to litigate (go to court for decision-making) and the mandatory withdrawal of both attorneys and other team professionals if either party litigates. 3. The professionals’ commitment to use their best skills to assist you in reaching agreement without having to resort to judicial decision-making. 4. A balanced commitment to respect both parties’ shared goals. After the Participation Agreement is signed the clients, attorneys, and neutral professionals continue to meet to negotiate a resolution of all issues. There is an agenda created in advance of every meeting to enhance efficiency and avoid surprise. Meeting notes are taken to preserve the work that is done in each meeting. An atmosphere of respect and civility is maintained so that the clients are able to resolve difficult issues while maintaining valued relationships.Agreements are made which are based upon the clients’ goals and interests, and which reflect the best options as determined by the clients. If you think this process may be right for you, please contact us for a free consultation to learn more. |