What Is Collaborative Divorce?

what is collaborative divorce

What Is Collaborative Divorce?

Collaborative law is a voluntary, alternative dispute resolution process for parties are divorcing, who BOTH wish to negotiate a complete resolution of their issues without going to court.

Both Parties are Represented

Unlike mediation (which can proceed with or without attorneys), in collaborative law, both parties are represented by lawyers (“collaborative lawyers”) during settlement negotiations.

No Litigation

At the outset of the case, the collaborative lawyers sign a pledge that they will attempt to settle the case, and not engage in any bad-faith tactics (see Peacemaker Lawyers for Divorce, Not Pitbulls) that could unnecessarily drive a case to court.

The collaborative lawyers will then do just that: be collaborative at reaching a solution for the family.  They will NOT represent the parties in Court.  In fact, the collaborative agreement states that if the case goes to Court, the parties will need to hire new attorneys, as their collaborative attorneys are disqualified.

What Happens If the Parties Don’t Settle?

Since the parties agree in advance that their attorneys will not appear in Court for them, the attorneys are disqualified and the parties need to hire new attorneys.

The main point: parties hire collaborative lawyers for the limited purpose of acting as counselors during the negotiation process ONLY. 

Why Would We Want to Hire Attorneys Who Won’t Go to Court?

I know it’s incredibly hard to believe, but there exists some people who don’t want the stress or destruction of the divorce to affect their minds, souls, and families.

The people who choose collaborative divorce tend to view divorce a a restructure, not destruction.

They believe in resolving conflict without using the court system.  They don’t believe in using court for revenge.

Collaborative Law Encourages Problem Solving

Collaborative law encourages parties to solve their problems instead of fight it out in Court.

The litigation model is not a good fit for resolution.  Why?  Because Court is an option.  Thus, if you “don’t get your way”, your lawyer (who makes the most amount of money off fighting) has no financial incentive to help you resolve your case.

Yes, there are some ethical/moral lawyers out there.  But in the world of divorce, you must understand something: divorce lawyers bill by the hour. 

In collaborative law, if one party is being unreasonable, they would need to HIRE a new lawyer.

Each side knows this.  If they do not cooperate, the process will end, and BOTH of them will need to hire new lawyers.

By hiring two collaborative lawyers, the parties are sending a message that they truly intend to settle their differences amicably.

Criticisms of Collaborative Divorce

The biggest criticism is of collaborative divorce is, of course, that the lawyers won’t go to Court.

Of course, when I hear this, it obviously sounds like the parties WANT to go to Court, so the collaborative process won’t work for them anyway.

Have a case like this?

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