How is Collaborative Divorce Different from Litigation?
If you proceed in a traditional manner, you may come to view your spouse as an adversary. Your divorce can become a battleground. The resulting conflict can have far-reaching consequences for you and your family not just financially, but emotionally and psychologically as well.
Collaborative Divorce offers a respectful process focused on reaching agreement, that benefits both parties rather than battling an adversary. Both lawyers pledge in writing not to litigate the matter in court and they can no longer represent you if you leave the collaborative process. They negotiate in good faith, and work together with you and your spouse in team meetings to achieve mutual settlement. Collaborative Practice can ease the emotional strain of a breakup and better protect the well-being of children. Unlike a court process, Collaborative Divorce also provides the opportunity to address emotional issues and consider more creative financial and parenting solutions which might not be considered by a judge.
What’s the difference between Collaborative Divorce and Mediation?
In mediation, a neutral third party helps you and your spouse (with or without lawyers present) to negotiate your settlement. The mediator cannot give individualized legal advice or advocate for one person over the other. Many people find that they prefer the support and encouragement of having their attorney directly involved during the settlement discussions.
If that's what you prefer, then Collaborative Divorce may be the better model for you.
How Does the Process Work?
When you decide on a Collaborative Divorce, each of you hires a lawyer who has had specialized training in the Collaborative Divorce process. Everyone commits in writing to the collaborative law agreement. You will meet privately with your own attorney and in face-to-face discussions with your Collaborative professional team. A Collaborative team is the combination of professionals that you choose to work with to resolve your dispute. It can be you and your Collaborative lawyers, or you may want to include other professionals on the team such as coaches, financial professionals and/or child specialists. Your Collaborative team will guide and support you as problem-solvers, not as adversaries, leading you to a final agreement in which the needs , goals, and concerns of the family are addressed.