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:

1. The parties pledge in writing not to go to court and their attorneys may not represent them in adversary court proceedings.

2. 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.

3. 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.

4. 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:

• 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.

• 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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