Your Collaborative Divorce: How many professionals does it take?
By now you may have heard of collaborative divorce in the news and around the blogosphere. Collaborative law is a trend that has taken hold and is perhaps at the tipping point of becoming a readily available mainstream method for separating and divorcing couples. There are many incentives and rewards for sticking with the process.
In its simplest of explanations two divorcing spouses who each select collaboratively trained attorneys agree, along with their respective counsel, to settle the couple’s issues outside of court. The four people work together to find solutions that are acceptable to all concerned. They sign a contract in the form of a participation agreement, which is the cornerstone of the collaborative process. If for some reason, one or both of the parties decide that they no longer desire to resolve their disputes outside of court, neither of the two collaborative attorneys can represent their clients in any contested case.
At its origin in 1990, collaborative law was invented by Stuart G. Webb out of a divorce attorney’s frustration and disgust of seeing families torn apart by the adversarial divorce system. While the mechanics of the process may vary some, the collaborative methods are beneficial in many ways. Generally great care is taken to ensure that your children are kept out of potential conflict and that the controversy is kept to a minimum between the parties. There is no question that in a collaborative resolution you will maintain far greater control of the outcome of your divorce than you will by engaging one another in contested litigation. It is generally less expensive and quicker than litigation and helps to maintain a sense of integrity and respect between you and your former partner, which is especially important when children are involved.
When collaborative law first started it involved two attorneys and two clients. Later, if a need arose that the attorneys thought would be better addressed by another collaborative professional they would all agree to utilize the services of such professionals. These professionals may include, but are not limited to, divorce coaches, therapists, social workers, child specialists, financial neutrals and financial planners. In litigation, each side hires his or her hired gun to further that side’s “position.” In collaborative negotiations the professional becomes an aid to the process and thereby assists both parties and the attorneys to reach successful outcomes.
In recent years there has been a strong movement toward a “team approach” in collaborative law. On the one end more and more attorneys are becoming comfortable in inviting other professionals to assist, subject to the client’s approval. However, at the other end of the spectrum there are many attorneys who will not participate in the traditional two lawyer- two client model. These collaborative attorneys push the team onto the field and basically tell the prospective clients to play with the team or play with yourself. In other words, it resembles a take it or leave it proposition. It is this writer’s opinion that what is right for many people is something in the middle and that is one of the benefits of the process – it can be made to suit your family’s individual needs. How many professionals will it take for your collaborative divorce to be a success?
Filed under: Collaborative Family Law, Legal Articles
