Collaborative Law

Collaborative Approaches to Divorce and Other Family Disputes

Many difficult situations which fall under the umbrella of family law—divorce, child custody or child support—often generate animosities between the parties which result in extensive litigation and exhausting experiences.

Many people seek to reduce or avoid these emotionally draining experiences. Collaboration is a process that enables the parties, each represented by counsel, to resolve differences in a non-adversarial setting. It is an advanced form of negotiating which gives everyone control of the negotiating process instead of giving control to a judge.

In some cases, couples and their lawyers have found collaboration to be a way to make divorce negotiations fairer and more beneficial to everyone. Collaboration is a process aimed at making divorce less acrimonious and more cooperative.

Lawyers who practice collaborative law say it is a refreshing alternative to being adversarial and battling it out in court. People are much happier with the results because they determine the outcome, not a judge. Couples have a much better sense of control over the process. Instead of lawyers and judges being in control of the process of the divorce, the control remains very firmly in the hands of each participant.

In collaborative divorce, a couple and their lawyers sign a contract agreeing to settle all issues without litigation and in a non-adversarial manner. If they fail to do so, or if either party wants to litigate, both attorneys withdraw from the case and the parties hire new lawyers to represent them. The goal is to give all parties, including their lawyers, an incentive to settle.

Collaborative law uses a team approach, bringing in professionals such as child specialists, accountants and financial planners as needed to provide specialized information to help the couple reach as fair a settlement as possible for them and their children.

It is estimated (based on studies in Texas, which has a collaboration statute) that collaborative divorce costs about one-third the cost of litigated cases. The lawyers are focused on finding a fair solution instead of fighting in unproductive ways.

Collaboration does not work when one party is hell-bent on extracting justice. Collaborative law does not work if one person is negotiating in bad faith or if one person is in control and dictating what is to be done. This usually occurs where the parties are on an unequal footing in the relationship, or in situations where domestic violence or abuse has occurred. Collaboration works best when a couple is willing to look at all aspects of the situation squarely and openly. People who commit to collaboration have already decided they want to be fair with one another. They just need help getting there.