Collaborative Law Process

Collaborative law is an alternative dispute resolution (ADR) process where parties negotiate a mutually-acceptable settlement without court intervention, utilizing attorneys and other professionals as needed to best support the process.  It is an adaptable process where each client has an attorney to advise him or her throughout the process, acting as a counselor and trusted ally in negotiations. Collaborative law focuses on cooperation, communication, and mutual problem-solving within a negotiation process where both parties contractually agree to use attorneys only for a settlement-focused process. By removing the threat of litigation, parties and their attorneys can be more focused and engage in honest, good faith negotiations to resolution.

Collaborative law utilizes other trained professionals, as needed, to provide expertise and support through the process. These include:

• Financial neutral: ACPA, CFP, CDFA or other financial professional who may be engaged to gather and verify financial information and facilitate the financial negotiations.
• Family specialist or child specialist: Mental health professional or trained mediator who specialize in working with parties on parenting plans, including child custody decisions, parenting schedules, and other parenting matters. They may provide a child-inclusive process if the parties would like their children to be heard in the process.
• Divorce coach: Mental health professional used to support one or both of the parties through the process if additional guidance is needed.
• Other professionals may be engaged to provide expertise as well, such as a realtor, business valuator, or financial advisor as needed to support the parties in having all the information they need to make decisions.

After hiring attorneys, the collaborative process typically starts with an initial meeting or commencement meeting with the attorneys and clients to outline goals/interests, plan the process, determine what other professionals, if any, may be needed, and sign the participation agreement (sometimes called the "withdrawal agreement").  The participation agreement is key to a collaborative process in that it is a contractual commitment to resolve issues collaboratively and refrain from litigation.

Once the collaborative process is commenced, the parties, along with their collaborative attorneys and any specialists, engage in a series of negotiation sessions to address issues such as property division, child custody, support, and other relevant matters. The collaborative process emphasizes open communication, transparency, good faith negotiations, full disclosure and a commitment to finding mutually acceptable solutions.  Collaborative attorneys provide legal advice and advocacy while encouraging parties to explore creative solutions that meet the needs of both parties and any children involved.  Once agreements have been reached on all issues, parties, along with their collaborative attorneys, draft a formal settlement agreement outlining the terms of the divorce. The agreement is submitted to the court for approval, and once approved, the divorce becomes final, and parties are bound by the terms of the agreement. Parties typically do not need to appear in Court.

Pros of Collaborative Law‍

• ‍Cooperation and Communication: Collaborative law promotes cooperation, communication, and mutual respect between parties, fostering a constructive and non-adversarial approach to divorce.
• Control and Autonomy: Parties maintain control over the outcome of their divorce and have the flexibility to tailor agreements to their specific needs and priorities, rather than relying on a judge's decision.
• Privacy and Confidentiality: Collaborative law offers privacy and confidentiality, as negotiations occur in a confidential setting outside of the courtroom, reducing the public exposure and potential conflict associated with litigation.
• Interdisciplinary Support: Collaborative law allows parties to benefit from the expertise and support of an interdisciplinary team, including financial specialists, mental health professionals and child specialists, who provide expertise and guidance throughout the process.
• Cost Savings: Collaborative law is often more cost-effective than litigation, as it eliminates the need for lengthy court proceedings, discovery, and other associated expenses.

Cons of Collaborative Law‍

• ‍Requirement for Cooperation: Reaching a successful agreement in the collaborative law process relies on the willingness of both parties to engage in good faith negotiations and cooperation. If one party is unwilling to participate or engages in adversarial behavior, the collaborative process may be ineffective.
• Need for Full Disclosure: Collaborative law requires parties to provide full and honest disclosure of financial information and other relevant matters. Failure to disclose information accurately could undermine the integrity of the process and compromise the final agreement.
• Withdrawal of Collaborative Attorneys: If parties are unable to reach agreements through the collaborative process and opt for litigation, both collaborative attorneys must withdraw from representation, requiring parties to retain new attorneys for litigation.

In summary, collaborative law offers couples a cooperative, communication-focused approach to divorce that emphasizes control, autonomy, and privacy. While collaborative law has its advantages, it requires commitment, cooperation, and a willingness to engage in good faith negotiations to achieve mutually satisfactory outcomes.