There are times when you want an advocate with you, but you still want to work with your spouse to resolve your divorce. Collaboration may be the answer. Collaborative divorce is a team based approach. It is a model of negotiation that emphasizes respect and privacy of the divorcing couple. This process is often less time-consuming and emotional contentious than a traditional divorce. The collaborative approach is designed to preserve both of your interests and needs.
How does it work?
With the help of their attorneys and other professionals, the parties are able to identify and set their goals when it comes to creating a parenting plan, and to navigate the new financial reality of a post-divorce world. This process is designed to resolve all of the issues raised by the parties that occur because of the breakdown of the marriage and
not just those that a court has the authority to address.
How does this process differ from mediation?
The collaborative process differs from mediation in that each client is represented by a lawyer to serve as his or her advocate throughout the negotiation. Often, other professionals, such as psychologists, child experts and financial planners are also involved in the process.
Both you and your spouse will hire a divorce lawyer, one that is trained in the collaborative law process. You’ll agree to engage in the collaborative process with respect and civility toward each other and the team. This is the key ingredient to successful negotiations.
You will meet with the attorneys and the other team members such as financial professionals, child specialists, mental health professionals to negotiate and try to come to agreement on the issues.
Together the team develops a comprehensive settlement agreement that resolves parenting and financial issues.