What Is Collaborative Law?

Unlike adversarial legal approaches, such as litigation, the method of collaborative law prioritizes cooperation in the hope of fostering enduring solutions. We’ll answer the question, “What is collaborative law?” What are its benefits? How does it empower participants by prioritizing understanding and mutual respect?

What is collaborative law?

Collaborative law is a unique approach to resolving legal disputes, most often used in divorce matters. In the process of a collaborative divorce, the spouses play an active role, supported by lawyers trained in the collaborative law method who guide discussions and negotiations toward personalized agreements.

By minimizing conflict and emphasizing collaboration, collaborative law offers a constructive alternative to traditional litigation, promoting fair and mutually satisfactory outcomes.

How does a collaborative divorce work?

Step 1: Getting started

The collaborative divorce process begins with a conversation between the divorcing spouses. This initial dialogue is essential to ensure that both parties are willing to engage in the collaborative approach. At this point, the emphasis is on fostering an environment of negotiation and cooperation, setting the tone for the subsequent stages of the collaborative divorce.

Step 2: Making a commitment

After committing to the collaborative process, each spouse hires an attorney who is dedicated to engaging in collaborative proceedings. This commitment signifies a joint effort to seek mutually beneficial solutions, emphasizing a departure from the adversarial nature often associated with traditional divorce litigation.

Step 3: Building the team

Central to the collaborative divorce model is the formation of a collaborative team. Collaboratively trained lawyers are hired for each party, and the team is further expanded to include neutral professionals, such as financial experts and therapists. This team is assembled to provide diverse perspectives and expertise, facilitating a holistic and well-rounded approach to the divorce process.

Step 4: Negotiating a settlement

The heart of collaborative divorce lies in mediation and negotiations. Spouses, their respective lawyers, and the collaborative team actively engage in discussions to reach agreements on various aspects of the divorce. Through this collaborative process, parties work together to resolve important issues relating to property division, spousal support, child support, child custody, and visitation arrangements. This collaborative effort ensures that decisions are made collectively, considering the needs and concerns of each party.

Step 5: Moving forward

Once a mutually agreed settlement is reached, the collaborative divorce process moves towards its conclusion. The parties present their agreed terms to the court for approval. Upon approval of the terms, the court issues a formal divorce decree, officially terminating the marriage. This marks the closure of the divorce process, allowing both spouses to move forward independently.

How do collaborative and traditional divorce differ?

Approach

• Collaborative divorce: Collaborative law emphasizes cooperation and open communication. Spouses work together to reach agreements through negotiation and mediation, promoting a more amicable resolution.
• Traditional divorce: The traditional divorce process follows an adversarial approach, where issues are litigated and argued in court.

Decision-making

• Collaborative divorce: Collaborative proceedings involve the active participation of both spouses in decision-making. Agreements are reached through mutual consent.
• Traditional divorce: With the traditional approach, decisions are often made by a judge based on legal arguments and evidence presented by the parties.

Professional involvement

• Collaborative divorce: A collaborative team includes trained lawyers for each spouse, as well as neutral professionals like financial experts and therapists.
• Traditional divorce: Traditionally, each party to a divorce has their own legal representation, with limited involvement of additional professionals.

Conflict resolution

• Collaborative divorce: Collaborative law aims to minimize conflict and foster a cooperative atmosphere throughout the process.
• Traditional divorce: A litigated divorce may involve heightened conflict, especially during negotiations and court proceedings.

Confidentiality

• Collaborative divorce: The collaborative procedure promotes confidentiality as negotiations and discussions are all out of court, allowing for more open and private discussions.
• Traditional divorce: Court proceedings are generally public, reducing the confidentiality of the divorce process.

Cost

• Collaborative divorce: The costs of a collaborative divorce can be more predictable and, in many cases, lower than traditional litigation.
• Traditional divorce: Litigation costs can escalate depending on the case’s complexity and the court proceedings’ duration.

Understanding these differences can help an individual choose the divorce process that aligns with their preferences, priorities, and specific circumstances.

Is a collaborative divorce right for me?

When deciding whether collaborative divorce is right for you, consider the following factors:

Willingness to cooperate

Collaborative divorce could be the right choice if you and your spouse are ready to work together openly and cooperatively to find common ground. It enables couples to navigate their separation with dignity and understanding, fostering mutual respect and cooperation.

Complexity of issues

Collaborative divorce proves advantageous when your divorce encompasses intricate financial matters. Through this process, financial experts assist in navigating complex financial issues, ensuring a just distribution of assets and liabilities.

Emotional readiness

In collaborative divorce, neutral professionals such as psychiatrists may provide support to address emotional aspects. This support acknowledges the significance of addressing both legal and emotional factors during the divorce process.

Financial situation

Evaluate your financial situation to determine if collaborative divorce is a better fit for your budget, as it can offer a cost-effective alternative to a prolonged court battle. Openly discussing financial expectations with your collaborative team is crucial for a positive experience.

Desire for privacy and control

If you seek greater privacy and control over decision-making, collaborative divorce offers an alternative to the adversarial and public nature of traditional court litigation. In collaborative sessions, the private setting allows for confidentiality and control, empowering couples to create their own agreements with the support of trained professionals.

If you’re still wondering, “What is collaborative law?” consult with an experienced collaborative lawyer before making any decisionsl. They can help you assess your specific situation to determine if a collaborative divorce is the right choice for you.