Collaborative Law Divorce is a process that enables divorcing parties and parties involved in other family law disputes, each represented by counsel, to resolve the parties' differences in a non-¬adversarial setting. Collaborative divorce has been described by some as a softer, gentler technique for divorcing couples who need zealous legal representation, but also place a premium on avoiding litigation. A combination of angry litigants and unnecessarily aggressive attorneys can lead to long, drawn-out court battles. Collaborative divorce is about settlement, as opposed to difficult litigation.

Collaborative divorce uses a technique where couples and their attorneys agree in advance not to litigate. If either party ignores the agreement and pursues court, the party's attorney is mandated to end their representation.

Although Collaborative Law is not strictly limited to divorce, it has achieved its recognition in the marital arena. In a Collaborative Divorce, the parties can only use the Court for common filings of stipulations. Many clients enjoy Collaborative Law because it provides a greater degree of control over the divorce process. Many clients feel that they are more shielded from turning serious decisions over to a judge, who may be handling up to several hundred cases.

How does Thecollaborative Law Process Work?

The process operates in an environment grounded in good faith, cooperation, integrity, honesty and professional ethics to facilitate the resolution of the parties' differences without litigation. The parties and their lawyers enter into a Participation Agreement where they agree to work together to achieve a satisfactory settlement in a cooperative manner. The participants agree to voluntarily disclose all relevant information and to cooperatively resolve all issues outside of litigation. Settlement is accomplished through informal discussions, settlement conferences, mediations and other amicable alternatives. The use of experts may be necessary and should be encouraged where their involvement can assist in the collaborative process. Collaborative Family Lawyers work toward settling your case rather than preparing for and conducting a trial, resulting in savings, both financial and emotional, to you and your family.

Goal of Collaborative Divorce

The goal of collaborative divorce is for the divorce to be a win-win situation (if that is at all possible) for both parties. Each party may negotiate for what is most important to them, as opposed to what the State, Judge, or other individual may believe is most important to each party. Collaborative divorce is different from mediation in that mediation is a more adversarial process wherein each party uses bargaining chips to either reach their goal or prevent the other party from receiving what they value most. Collaborative divorce is non (or less) adversarial and, while both parties are feeling the emotional and financial aspects of divorce, the parties are less about blame, guilt, etc., and instead choose to focus on reaching a settlement that is reasonable or acceptable to both parties.

What are the Potential Benefits of Collaborative Law?

• Mutually agreed upon settlement
• Atmosphere of cooperation
• Anxiety reduction
• Retaining control of the settlement process
• No adversarial environment
• Greater privacy and confidentiality
• Savings of time and of money

What Happens if Settlement Cannot be Reached?

Both lawyers must withdraw from the case. This is one of the biggest “cons” of a true collaborative divorce process, is the fact that if the parties are unable to reach an agreement through the collaborative divorce process, the parties must start over in a standard divorce process. The collaborative attorneys are prohibited from representing either party (or serving as a mediator for the parties) in dissolution proceedings. The reasoning behind this “rule” is that because of the collaborative process, each party and their attorney knows the facts of the case and the particular wants and needs of the opposing party.

How do I Start a Collaborative Law Process?

Share this information with your spouse and encourage him or her to also hire an attorney who is familiar with and committed to the collaborative law process. The attorneys can then confer and schedule the first four-way meeting to review your situation and sign a participation agreement if the collaborative approach is appropriate for your case.

My Spouse has Already Initiated a Legal Proceeding. Is It Still Possible for Us to Use the Collaborative Law Process?

Yes. If your spouse's lawyer will agree to utilize the collaborative law process, the action can be dismissed or abated.

Who is a Collaborative Family Lawyer?

In Florida, a collaborative family lawyer is a member in good standing of The Florida Bar who is committed to the process of dissolving marriages and resolving family law matters through non-litigation alternatives. Attorneys who practice collaborative divorce have received training on the collaborative process and the techniques required to help both parties reach a settlement. Usually, a collaborative divorce attorney will not choose to participate in a collaborative divorce if the opposing attorney is not trained in collaborative law/divorce.

Many divorces require the use of experts, and some attorneys (including myself) agree that in Collaborative Divorce, both sides should use one expert as opposed to two. This greatly reduces the overall cost and leaves the client in a healthier financial state. Collaborative attorneys are usually trained in reducing conflict and working cooperatively with non-confrontational strategies. Another advantage of Collaborative Law is that discovery (the exchange of information) occurs much faster. Parties agree, as part of the process, that they will make full and timely disclosure of all relevant information. This eliminates the possibility that one side will bombard the other with paper after paper.

Collaborative Divorce Is Not For Everyone Because…

While this firm is a whole-hearted believer in the collaborative divorce process, collaborative divorce is not for everyone. For example, collaborative divorce only works if both attorneys are properly trained in collaborative divorce techniques, if there is no history of domestic violence between the parties, both parties can trust the other party, both parties understand how collaborative divorce works, and each party agrees follow the rules. Further, in a true collaborative divorce, if the parties are unable to reach a settlement in the collaborative process, both parties must retain new attorneys and start over. Their collaborative attorneys cannot represent or serve as a mediator to either party during future divorce proceedings.

Domestic Violence

If there is a history of domestic violence between the parties, collaborative divorce may not appropriate. The collaborative divorce process is based upon an even power distribution between the parties. Domestic violence indicates an unequal bargaining position of one of the parties. Therefore, domestic violence may potentially eliminates parties from the collaborative divorce process.

Trust Opposing party

Similar to domestic violence, the parties must trust each other throughout the process. If the parties cannot trust each other, there is unequal bargaining power and the collaborative process is not appropriate.

Understand and Become Dedicated to the Process

Both parties must understand how the entire collaborative law process works from start to finish. Both parties must be dedicated to the process. The collaborative process includes several meetings between the parties and their respective counsel. Each party and their attorney must be dedicated to the process and the meetings.

The collaborative divorce process can be beneficial to both parties; however, the above listed items must be considered before the process is undertaken to ensure the collaborative process and the collaborative divorce attorney is a good fit for your unique situation.