What is Collaborative Divorce?
Collaborative Divorce is a structured process responsive to the unique reality of each family. It is facilitated by attorneys specially-trained not to fuel the fire between you. While acknowledging the reality of the conflict, collaboratively trained attorneys treat your divorce as a problem to be solved rather than a battle to be won. You don’t have to conform to a Court calendar or make hasty, regrettable decisions under pressure. In fact, in a collaborative divorce, participants choose to sign a statement that the divorce will not result in court action.
How is Collaborative Divorce different from Traditional Litigation?
Traditional litigation can be focused on posturing and bargaining for your “position,” the goal often being to “get as much or give as little as you can.” Alternatively, the collaborative process focuses on the making of agreements by identifying the needs or interests rather than the positions of the parties involved. Unlike mediation which is facilitated primarily by one neutral, the collaborative process utilizes two attorneys from the outset and can include financial neutrals who advise on a plan fair to all and trained mental health professionals who serve as divorce coaches.
Does the Collaborative Process Cost Less than Traditional Litigation?
It often can. If the parties agree to disclose all necessary information and documents in a timely fashion, and if they agree that in any area where an expert is retained such as property valuation, financial questions and parenting issues, they will hire one person whose report will be mutually agreed upon, costs can be minimized.