Collaborative divorce is an alternative form of dispute resolution designed to foster the resolution of divorce and family law related issues respectfully and equitably without court intervention. Like mediation and arbitration, it takes place outside of the purview of the court system, with the goal of reaching a fair settlement, but without the pressure and uncertainties which accompany litigation.
Collaborative practice is different from other approaches to divorce in that it promotes respect and enables spouses to be in control of the divorce process. The goal is to address each couple’s unique concerns and advance each party’s interest without reference to the often arbitrary, one size fits all resolutions available through the Superior Court.
Unlike litigation, a collaborative divorce gives the parties control of when, where, how often and how long they need to meet for each negotiation session. In addition, collaborative divorce professionals seek ways to advance both parties' interest in a neutrally beneficial way. The win-lose mentality of litigating in Court is dispensed with in favor of a collaborative team working with each other, not against each other, to craft a mutual beneficial solution. Often, the first step of the process is to create a framework for effective communication to enable the building of a fair settlement framework, and the trust for both parties to commit to it.
Our collaborative professionals can assemble a team to address unique issues and specialized concerns. A team can include not only attorneys, but mental health professionals, child specialists, divorce coaches, certified public accountants, or a certified financial planner. Advisors such as mortgage bankers, real estate agents, financial advisors can also be engaged to provide additional information to assist one of the parties.
What Are The Benefits?
- Can give children a voice in the separation process
- Helps keep assets and personal problems private
- Aims at improving communication between parties
- Each party selects an attorney of their own choosing
- Keeps control of the process in the hands of the parties
- Alleviate the potential of future trauma that sometimes persists for generations
Is It For Me?
Collaborative practice is designed to be respectful and creative and to assist the parties in reaching a durable agreement for the future. It is for parents who need and desire to find a way to co-parent their children despite their separation, and minimize the negative impact of divorce on their children. It is for people who prefer to be in control of their divorce outcome, rather than letting a judge decide. It is for people who place value on a working post-divorce relationship with their spouse, and value quality of life over quantity of resources. Lastly, it is for those who value privacy; couples in collaborative divorce are spared the airing of their dirty laundry in open court for all to see.
Click here to contact a collaborative professional today to discuss if collaborative practice will work for you.