What is Collaborative Family Law?

Family issues - whether divorce, paternity, separation, or other family transitions are often sensitive and personal matters. No single approach is right for everyone. The collaborative practice is a welcome alternative to the destructive and uncomfortable aspects of conventional litigation. Choosing the collaborative process allows you to work through these sensitive and emotional issues together with a team designed to minimize conflict and create respectful solutions.

Nontraditional families may also find the Collaborative Process a helpful framework for reaching solutions and achieving an agreement.

Is the Collaborative Process for me?

In deciding whether the collaborative process is right for you, consider:

• Do you want to maintain control over the process and the outcome?
• Is prioritizing the needs of your children paramount to you?
• Are you willing to work creatively and cooperatively to solve problems?
• Do you want to keep your personal and financial information private?

If these considerations are important to you, we suggest that you call a collaborative professional about making your decision.

Questions and Facts (FAQs)

What is the difference between Collaborative Practice and traditional litigation?

In conventional litigation, parties rely upon the court system and judges to resolve their disputes. Unfortunately, in traditional litigation you often come to view each other as adversaries, and your family issues become a battleground. The resulting conflicts take an immense toll on emotions and finances - especially where children are involved. Collaborative Practice is by definition a non-adversarial approach. Your lawyers work together with you to achieve mutual settlement outside the courts. Collaborative Practice eases the emotional strains of family issues. If children are involved the Collaborative Process allows you to focus on the needs of the children and develop a workable parenting plan.

How does the Collaborative Process work step-by-step?

When you decide on the collaborative approach, each of you hires a collaboratively-trained lawyer to represent you in the collaborative process. Next, you and your lawyers choose a trained mental health professional and financial professional. Everyone agrees in writing to the guidelines of the process. You and your collaborative team will have a series of meetings to exchange information and develop a clear understanding of your goals and expectations. Mutual problem-solving by all parties leads to a comprehensive written agreement of the parties.

What is a Collaborative Team?

The “Collaborative Team” includes each client, their Collaborative lawyers, a neutral mental health professional, and a neutral financial professional. Your “Collaborative Team” will guide and support you as problem-solvers, not as adversaries.

What is the difference between Collaborative Practice and Mediation?

Mediation is an alternative dispute resource often used within the litigation framework. While often helpful, it does not have the openness of the collaborative process, nor does it use the team approach with independent mental health and financial professionals. Most courts require the parties and attorneys to attend mediation prior to permitting them to schedule a trial.

How does Collaborative Practice benefit my future?

The Collaborative Process anticipates future needs, whereas traditional litigation often leaves families financially damaged with unresolved conflict and unworkable agreements. Families who utilize the Collaborative Process anticipate their future needs and tailor solutions with the help of a team that will transition them into the next stage of their lives.

How do I learn more about the Collaborative Process?

People facing family conflict often feel scared and powerless. A confidential consultation with a collaborative lawyer can help you understand all of your options and decide which alternative is right for you and your family.