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In a collaborative divorce, your attorney is not neutral. He fully represents YOU, but with a change in emphasis and attitude. Instead of taking an adversarial approach, as is typical in most American divorces, lawyers who practice collaborative law emphasize mutual respect and cooperation. With collaborative divorce it is possible to arrive at an amicable settlement that respects the goals and needs of both parties.
As in any divorce proceeding, a lawyer who practices collaborative law serves as a resource, educator and advocate for his client. He performs the usual investigations and determinations, helps you organize disclosure documents and understand those provided by your spouse. He will apprise you of your legal rights and obligations and help you analyze the consequences of competing options and possible choices. But he will also try to anticipate conflict, work to achieve creative solutions to problems that are acceptable to both parties, and strive to manage the divorce process to promote cooperative resolution in a setting of mutual respect and dignified behavior.
You’ll find that attorneys, like myself, who practice collaborative law make a real effort to get to know and understand our clients as individuals and develop a rapport with all of the parties involved in the divorce process. We value and practice respectful communication and listening skills and actively promote cooperative behavior. Collaborative divorce attorneys have a finely honed ability to identify the issues and concerns of both parties and bring the clarity of reason and reality to emotionally charged situations.
In collaborative divorce, court is not an option. If an settlement cannot be reached, the collaborative lawyers must withdraw, leaving the divorcing parties free to retain trial attorneys to pursue the matter in court. This ensures the commitment of the attorneys to reaching agreements and overcoming impasses through cooperative negotiation and mediation.
Much like court mediators, collaborative divorce lawyers are required to obtain special training. A collaborative divorce can save both parties the pain and anxiety of months spent haggling in court as well as the considerable expense generally incurred in an adversarial divorce. Through collaborative divorce, couples have the opportunity to emerge with a fair settlement and peaceable relationship while minimizing the negative effects of divorce on their children.
For more information on collaborative divorce and collaborative family law, click here to visit my website.
Next time: The collaborative divorce team.
