Collaborative Law Divorce

Most family law cases are resolved without going to trial. Some settle in mediation, some in roundtable discussion between the parties. If, given the fact that it is likely that the case will settle, what is the best way to do it? The collaborative law process is one by which the parties commit to settlement, not litigation as a means of resolution of the parties differences. In essence, the parties commit to an open and transparent process of discovering the assets of the marriage and an agreeable method of dividing those assets. Another benefit of divorcing collaborative style is that expert expenses are diminished since the parties hire one expert instead of two. This includes business evaluators, child specialists or any other financial specialist. The most overreaching benefit to the collaborative process

The main goal of the collaborative law process is to settle the parties’ disputes in a manner that is less destructive than in the typical traditional divorce manner. This means that the method used in collaborative law is intended to diminish the emotional and financial impact on the divorcing family. In the collaborative process, the parties have expectations of conduct that are designed to keep the lines of communication open thereby creating a mindset geared toward settlement and not trial.

The structure of the collaborative process forces the parties to work through impasses instead of getting the court involved since the lawyers cannot seek court intervention in those instances. Since the lawyers are prohibited from litigating the case, the lawyers as well as the parties tend to interact in less threatening ways thereby contributing to the conciliatory mood of settlement. By the design of the collaborative system, the parties – not the lawyers – are in ultimate control of the settlement process.

The collaborative law process is not for everyone and is not fool-proof. However, if the parties want to resolve their divorce in an amicable fashion without publicity and collateral damage on the marital assets and the children, the collaborative process is ideal.

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