The Collaborative Divorce Process threeboxes01

What is the Collaborative Law Process?
The role of the Collaborative Lawyer
The role of the Collaborative Mental Health Professional
The Neutral Financial’s role in a marital divorce
Benefits of The Collaborative Law Process

What is the Collaborative Law Process?

img02The collaborative process offers a format for both clients and their lawyers to voluntarily opt out of the traditional court-mandated process in order to resolve their differences in an informal atmosphere of dialogue. It mandates full disclosure and exchange of all information necessary to reach an informed resolution of the dispute.

It also calls for joint retention of neutral consultants such as certified public accountants, financial planners and child development therapists when needed to address financial, parenting and emotional aspects of the divorce.

Using this method assures maintenance of confidentiality so that reports and other data prepared by the allied professionals is secure and free from use in court if the collaborative case terminates and the parties proceed to litigation.

Most importantly, this process compels a good faith commitment on behalf of both parties to be fair, reasonable and respectful with each other.

The role of the Collaborative Lawyer

The Collaborative process usually begins with hiring a lawyer. Each Client must be represented by a separate, independent lawyer in the process. Read more.

Role of the Collaborative Mental Health Professional

The Divorce Coach assists with coping, goal setting, co-parenting issues, clarification of needs, wants, stress management, effective communication and decision making. Read more.

The Neutral Financial’s role in a marital divorce

For decades the legal community has relied on the abilities of accountants to assist them in understanding and analyzing financial issues related to legal proceedings. Forensic accountants have historically assisted lawyers and clients with these reports through litigation.

Benefits of The Collaborative Law Process

    • An opportunity to maintain dignity and respect for each other, particularly when there are children, so that a potentially destructive relationship can be turned into a reconstruction of a relationship in divorce or separation situations.
    • An opportunity to tailor-make resolution through an agreement that is unique to the particular needs and interests of each client.
    • An opportunity for clients to “think out of the box” and create options in their own agreement or understanding which may extend beyond the discretion of what a court-mandated order would look like.
    • An opportunity for the clients to most likely save resources that would otherwise be expended in the traditional court-mandated process through use of informal conferences rather than through depositions, interrogatories and court appearances.
    • An opportunity to gain expertise, energy and commitment from the allied professionals making up the collaborative team (lawyers, mental health and financial professionals).
    • An opportunity in divorce or separation for the clients to prevent their children from becoming innocent victims of the divorce.
    • An opportunity to achieve the ultimate goal of a “win-win” result.
    • An opportunity for the clients to control their own destiny without relinquishing their right to directly participate in resolution of the dispute.
  • Beyond divorce and separation the collaborative law process is applicable in other civil disputes particularly where there may be ongoing relationships such as heirs in an estate, landlord-tenant, business partnerships or employer-employee situations.