What is collaborative practice?
Collaborative Practice is a voluntary dispute resolution process in which parties settle without resort to litigation.
There are 6 components to a successful Collaborative divorce:
- The parties sign a collaborative participation agreement describing the nature and scope of the matter.
- The parties voluntarily disclose all information which is relevant and material to the matter that must be decided.
- The parties agree to use good faith efforts in their negotiations to reach a mutually acceptable settlement.
- Each party must be represented by a lawyer whose representation terminates upon the undertaking of any contested court proceeding.
- The parties may engage mental health and financial professionals whose engagement terminates upon the undertaking of any contested court proceeding.
- The parties may jointly engage other experts as needed
Is collaborative divorce a good decision for you?
If the following values are important to you, Collaborative Practice is likely to be a workable option for you:
- I want us to communicate with a tone of respect.
- I want to prioritize the needs of our children.
- My needs and those of my spouse/partner require equal consideration, and I will listen objectively.
- I believe that working creatively and cooperatively resolves issues.
- It is important to reach beyond today’s frustration and pain to plan for the future.
- I can behave ethically toward my spouse/partner.
- I choose to maintain control of the divorce/separation process with my spouse/partner, and not relegate it to the courts.