Why Collaborative Works
The collaborative process works because it eliminates the obstacles often faced in a litigated dispute. Its team-based approach encourages open respectful discussion, honest negotiations, transparent exchange of information, and constructive solutions to divorce and family dispute. The process focus is to preserve the well-being of clients, children, and other relationships both during and after the process.
Privacy is of utmost importance to the collaborative process and the participants. No professional involved in the process can later litigate the matter. This means all discussions, negotiations, and exchange of information is kept private. If public filings are required every effort is taken to protect you and your family’s privacy. Alternatively, a litigated dispute requires courtroom arguments and public filings that put you and your family’s matters at risk of becoming public record and potential media source.
Benefits of Collaborative compared to Litigation:
| Environment | Supportive, team approach outside cour | Adversarial, courtroom battle |
| Process | Professionally facilitated, transparent, & controllable by Parties | Argumentative, court controlled |
| Privacy | Discussions, negotiations, and interactions are kept private | Matters become public record and possible media attention |
| Outcome | Constructive with focus on solutions | Often destructive with a winner and loser |
How the Collaborative Process – Team Approach Work
It begins when the couple decides that collaborative is the right choice for them. Next, each client selects their own collaborative attorney to form the base of the collaborative team. The team may be joined by neutral professionals to assist with matters ranging from finances, facilitation, parenting plans, etc. The neutral professionals help the clients and attorneys maintain a transparent and respectful exchange of information.
The attorneys and neutral professionals agree not to go to court.
This ensures the process is safe for full-disclosure discussions and negotiations as the attorneys must withdraw from further representing the clients if a settlement cannot be reached and litigation is needed. This eliminates any risk that information shared during the collaborative process can be used in court.
How the Collaborative Process – Team Approach Works
Committed Clients
The desire to settle outside of court is the main factor in the success of the collaborative process.
Collaborative Attorneys
Each client has their own collaborative attorney to help them negotiate and reach a mutual settlement.
Neutral Professionals
Neutral professionals provide unbiased support to various matters from finances to conflict resolution to parenting plans. Here are some of the roles of neutral professionals in the collaborative process:
- Financial Practitioner
- Mental Health Counselors
- Mediators & Coaches
- Realtors
Why the Collaborative Process may be Right for You
Despite the often emotional impact of a divorce or dispute the Collaborative Process offers a more constructive resolution based on dignified negotiations, unbiased support, and privacy. The goal is to move forward while preserving the well-being of all involved as much as possible.
The Collaborative Process can apply to almost any family matter:
- Married Couples seeking a divorce
- Unmarried Couples separating after an established co-existence
- Same Sex Partners seeking a divorce or co-existence separation
- Cohabitaion matters
- Paternity, Parenting Plans, Timesharing, or Guardianship matters
- Pre-nuptial Agreements and Post-nuptial Agreements
- Post-Judgment Modification matters
- Probate & Elder Law
Talk to a Professional
Talk with a professional near you. Our members are trained in collaborative law and can answer all of your questions.
Other Helpful Resources
Learn even more about the Collaborative Process from books, articles, and other online and printed sources.