Collaborative Divorce: Positive and Caring

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Articles & Legal Definitions

Articles By Shelly Finman

The Lawyer's Duty to the Family & Society
Collaborative Family Law, Saving Families, One at a Time

Practice Areas & Legal Definitions

Collaborative Law

Collaborative law is a distinct form of legal practice in which two lawyers represent both parties, focusing on resolution and solving problems. If all matters are not resolved, the lawyers and any retained neutral experts withdraw.

Cooperative Law

Both Cooperative and Collaborative law utilize one neutral expert per subject matter, as reasonably required, not forensic experts. However, in Cooperative law, if an impasse results and court is required, the lawyers may continue to be engaged in the court process, utilizing the judge as an additional resource of cooperation.

Collaborative Disqualification

One of the unique features of collaborative law is the disqualification of the lawyers if all matters are not resolved and a judge is necessary to decide one or more matters. This might create a hesitation for persons considering a collaborative divorce, however, the vast majority of all collaborative cases are settled and, perhaps, for the very reason that the parties and lawyers share a higher commitment to negotiating a mutually-acceptable settlement without court intervention.

IACP

The International Academy of Collaborative Professionals is found online at www.collaborativepractice.com. The group comprises national and international professionals, legal, mental health and financial, working together in creating a client-centered process resolving conflict.

Significant Components

1. Neutral experts, when needed. Specialists in finance or emotional issues are available to assist the parties and attorneys, which results in a more productive and holistic process. Neutral experts receive the same objective data; the fees are less; both sides are involved in the information-gathering and findings. The experts are part of a “team” approach.

2. The parties and attorneys will meet periodically. Everyone is together, which allows for free flow of information and discussion of priorities, problems, concerns, comments and suggestions.

3. Negotiations are client-centered, referred to as “interest-based”. The traditional process of divorce typically uses a form of settlement referred to as “positional bargaining”. Demeaning communication and insults often occur. Instead, collaborative law creates an atmosphere which allows the parties to be more flexible. This component, which includes active listening, allows for more creative options to be considered. The parties are truly empowered.