More Information about the collaborative process

There are many ways to resolve your disagreement without fighting through the courts. There are a number of effective alternative dispute resolution methods available to you. One of the best methods is to work things out by participating in a collaborative process.

In a collaborative case, two lawyers who are specially trained in negotiation and conflict resolution represent you and your partner (or “ex”), but only for the purpose of helping you settle your case. If you cannot reach an agreement, you can terminate the collaborative process and go to court, but these collaborative lawyers cannot go to court with you. The goal is to create a resolution that works well for the separating family, or for the family dealing with post-divorce or post-custody order issues.

Please think carefully about the choices that are available to you. Litigation is an adversarial approach. It is expensive, tends to fan the flames of conflict, results in very personal attacks among the parties, and is damaging to the family, especially to children. The choices you make now will have an enormous impact on you and your children for the rest of your lives.

How does the collaborative process work?

The collaborative process utilizes specialists who use their expertise to address children’s needs and the emotional and financial needs of divorce. It creates a safe environment for both parties without the threat of court and provides a structure for communication that considers each person’s needs. The process involves sharing of information that allows good decisions to be made, it is a creative and respectful approach that helps clients reach a mutually-agreeable settlement.

Who is the collaborative process for?

The collaborative process works best for couples who want a respectful resolution of issues, who are willing to focus on solutions rather than on blame or revenge and who want to maintain a productive working relationship with each other. The process is ideal for parents who value the relationships that will exist in the restructured family and want to keep their children’s interests at the forefront. The collaborative process is for couples who want to control decision-making over child rearing and/or financial arrangements, rather than turning it over to a judge.

How does a collaborative divorce differ from an adversarial divorce?

The collaborative approach is better for children, it gives children a voice in the process, supports their relationship with both parents, and protects them from the negative effects of litigation. The collaborative process is more private and keeps issues and assets confidential. The collaborative process provides a team approach to meeting the challenges of family transition. The collaborative process is future-focused, helping divorcing couples bring closure to the past, while focusing on a positive future. The process is time-saving because it's more efficient and productive than litigation. Collaborative divorce is a skill-building process, helping to develop new communication skills that will have positive applications even after the divorce.

Learn more about the collaborative divorce process

To learn more, visit the International Academy of Collaborative Professionals website: www.collaborativepractice.com