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What it is:
Collaborative Practice is
a dispute resolution process where spouses and their attorneys work together
cooperatively to negotiate equitable settlements without going to court.
The focus is on constructive problem solving rather than on adversarial
bargaining and court imposed solutions.
The goal of Collaborative
Practice is to assist people choosing to end their marriage without
destroying their family in the process.
Collaborative Practice
differs from conventional divorce in four important respects:
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The parties pledge in
writing not to go to court and their attorneys may not represent them in
adversary court proceedings.
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The process uses
informal conferences attended by the spouses and their attorneys to
discuss and settle all disputed matters in a safe and respectful
environment.
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When specialized
knowledge or expert information is needed, the parties are encouraged to
jointly engage trained specialists, such as financial experts, child
specialists and divorce coaches, to assist them and their attorneys.
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The decision making
process is returned to the persons whose lives are affected by the
decisions.

Is it for you?
Divorce is a highly personal matter, and
no one approach is right for everyone. Many couples have found that
Collaborative Practice is a welcome alternative to the destructive aspects
of conventional divorce. In considering whether Collaborative Practice is
the right approach for you, ask yourself if these values are important:
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Maintaining
an atmosphere of respect, even in the presence of disagreements.
·
Listening
objectively to your spouse's needs, fully expecting that your own needs will
be given equal consideration.
·
Working
creatively and cooperatively to resolve differences.
·
Crafting a
solution that is unique to the needs and goals of you and your family.
·
Retaining
control of the divorce process and not relinquishing decision making to a
Court or other 3rd parties.
·
Participating in an ethical process that values each person.

The advantages of being
Collaborative:
Collaborative Practice is designed as an alternative to conventional divorce
and offers many distinct advantages:
·
You keep
control of the process yourselves, without going to court.
·
Your
children's needs are given priority.
·
Both
spouses commit to reaching agreement through a problem-solving approach.
·
There is an
atmosphere of mutual respect, which preserves self esteem.
·
Open
communication allows both of you to express your needs and goals for moving
forward, and gives you new tools for effective problem-solving in the
future.
·
There is
full disclosure of all facts and information necessary to resolve your case.
·
Face-to-face meetings with the presence and assistance of each party’s
lawyer make negotiations direct and efficient, and allow for mutually
created resolutions.

Philosophy
It
is a sad fact that, according to statistics, about half of all marriages
end in divorce and countless non-marital relationships also fail. But the
emotional devastation that often accompanies the loss of a relationship
doesn't have to be a fact as well. That is the thinking behind
Collaborative Practice.
Collaborative Practice is the alternative to “divorce as usual”. It is
designed to minimize the hurt, the loss of self esteem, the anger and
alienation that all too frequently occur with divorce.
The
Collaborative Practice philosophy is built on a belief in human dignity and
respect. Individuals may cease being partners, but they don't cease being
worthy human beings. Every aspect of Collaborative Practice—from open
communications to solutions-based negotiation to out-of-court settlement—is
intended to foster dignity and respect. When respect is given and received,
self esteem is more likely to be preserved, making discussions more
productive and an equitable agreement more easily reached.

How it works
Collaborative Practice is a unique process. Both spouses, and their respective
lawyers, come together for face-to-face discussions and negotiations—outside the
courtroom. In an atmosphere of openness and honesty, all assets are disclosed,
needs and goals are communicated and discussed, and solutions are explored.
When there are children, their interests are considered and given priority. The
end result of the Collaborative process is a settlement agreement that has been
achieved through mutual problem solving, taking into account each parties needs,
desires and goals. Each of you, in conjunction with your lawyers and other
chosen collaborative professionals, take control of shaping the final agreement,
rather than having a settlement imposed on you by the court.

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