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Collaborative divorce uses a cooperative team approach rather than an adversarial approach to arriving at an equitable divorce settlement. (See our blog posts beginning September 24, 2007.) The make-up of your collaborative team, which you and your spouse choose jointly at the onset, will depend on your individual circumstances. You and your spouse and your individual collaborative lawyers comprise the core of any team. Additional team members may include:
- Divorce coaches for each spouse to assist with communication skills, self management and negotiation skills;
- Financial adviser to provide accurate, impartial financial information, assist in gathering necessary financial documents and provide possible settlement options;
- Child specialist represents your children, talking with them and you to present their concerns and needs; and
- Case manager, often one of the coaches, keeps everyone informed and on track.
All members of your team should be collaborative professionals dedicated to working together to cooperatively resolve disputes. Each should be committed to the ethical guidelines set forth by the International Academy of Collaborative Professionals that prohibit team members from becoming involved in court proceedings connected to a case and demand with drawl should the collaborative process fail and the case move to court. The purpose of the collaborative team, after all, is to help you and your spouse resolve your issues cooperatively and develop a settlement agreement that meets both your needs without going to court.
The process generally starts when a divorcing couple contacts a collaborative family law practitioner, like myself, who can serve as a resource and conduit to other team members. Many collaborative professionals have agreements in place which makes it easy to form a team and get the process started quickly.
For more information on collaborative divorce and collaborative family law, click here to visit my website.
