Frequently Asked Questions

What is Collaborative Law Practice?

How does Collaborative Law Practice work?

What is the difference between a Collaborative Law Divorce and traditional divorce proceedings?

Why might I want a team of people helping me?

What are the pros and cons of Collaborative Law Practice?

If I choose Collaborative Law Practice, will my rights be protected?

What if I want to quit during the middle of the process?

Will my settlement agreement be fair?

When a settlement is reached, what is the next step?

What happens if a settlement is not reached?

How does Collaborative Law Practice discourage fighting between parties?

What is the difference between Collaborative Law Practice and Mediation?

What is Collaborative Law Practice?

Collaborative Law Practice is a dispute resolution process that provides an alternative to conventional litigation. Collaborative Law practice focuses on assisting the parties in resolving their dispute with dignity and in reaching an agreement that is mutually satisfactory to both parties. In Collaborative Practice, the parties are each represented by attorneys, but the parties and their attorneys all agree, in writing, to attempt to settle the matter without litigation or even the threat of litigation. All parties also promise to take a reasoned stand on every issue, to keep discovery (the sharing of relevant financial information) informal and cooperative, to retain experts jointly if they are needed, and to negotiate in good faith. Collaborative Law Practice relies on an atmosphere of honesty, cooperation, integrity and professionalism and is focused on the future well-being of the parties. Although Collaborative Law Practice has been used primarily in divorces and other family matters, it can also be very useful in resolving business, employment, probate, and other non-family disputes, particularly where the future relationship of the parties matter. [Back to Top]

How does Collaborative Law Practice work?

When the parties agree to settle their dispute using Collaborative Law Practice, they each hire a Collaborative Practice Attorney. Both parties and their Collaborative Attorneys agree in writing not to go to court until they have a complete settlement agreement which is acceptable to both parties. Additional experts, such as divorce coaches, child specialists, financial specialists, and civil collaborative coaches may join the process right at the outset, or may be brought in as needed during the process. Negotiations are conducted in a series of four, five or six way (depending upon whether coaches or specialists are brought in) meetings which are intended to produce an honest exchange of information and a clear understanding of the parties needs and expectations, and in the case of Divorce, pays particular attention to promoting the well-being of the children. Mutual problem-solving by all parties and their attorneys and the specialists leads to the final agreement. However, if a settlement is not reached and this causes either party to seek intervention from a court, the attorneys and other Collaborative Professionals must withdraw from representation. [Back to Top]

What is the difference between a Collaborative Law Divorce and traditional divorce proceedings?

In traditional divorce proceedings the parties rely upon the court system, their attorney’s, and judges to resolve their disputes. It begins when one party files a complaint for divorce in court which sets in motion a series of legal steps and procedures which must be followed such as pretrial discovery, motions for temporary orders, pretrial conferences, etc. Unfortunately, although the vast majority of divorce cases filed in court are eventually settled by agreement (as opposed to trial), spouses going through the traditional divorce process generally come to view each other as adversaries, and each step in the process becomes a battle to be won. The ensuing conflicts take an immense toll on the emotions of all the participants—especially the children. Collaborative Law Practice is by definition and in practice a non-adversarial approach to divorce because the parties and their attorneys agree to negotiate collaboratively. Specifically, both parties and their attorneys pledge in writing not to go to court until they reach a full agreement on all matters. They agree to negotiate in good faith, and work together to achieve a mutually agreeable resolution outside of court. The process of settlement involves each client meeting privately with his or her attorney and in "team" settlement meetings where clients and their attorneys are present. In many instances experts, such as divorce coaches and child and financial specialists, may join the process. Mutual problem-solving and interest-based negotiations (as opposed to adversarial, positional negotiations which are often the cornerstone of traditional litigation) by the parties leads to agreement. Because the negotiation process takes place without the antagonism of courtroom conflict, Collaborative Law Practice eases the emotional strains of a breakup, and makes it more likely that the parties will be able to achieve a mutually respectful and amicable relationship in the future and thereby protects the well-being of children.

The guiding principle of Collaborative Practice is respect. Collaborative Professionals are trained in non-confrontational negotiation, helping keep settlement discussions productive. The goal of Collaborative Practice is to build a settlement on areas of agreement, not to perpetuate disagreement. The respectful tone modeled by the Collaborative Professionals encourages the parties to show compassion, understanding, and cooperation. [Back to Top]

Why might I want a team of people helping me?

Collaborative Law Practice allows parties’ access to a variety of experts, in addition to their attorneys. Mental health professionals can act as coaches for the parties, child specialists can help identify and promote the best interests of the children in the process, and financial specialists may act as neutrals to advise the parties and to help them to assess the financial impact of their settlement options. These, and other resources, are recommended based upon the circumstances of each case. Most importantly, the Collaborative Team is there to support and guide you as problem-solvers, not as adversaries. [Back to Top]

What are the pros and cons of Collaborative Law Practice?

Collaborative Law Practice allows parties to negotiate with the comfort and support of having their own attorney at their side but without the imminent threat of the case proceeding to Court. Furthermore, on average, Collaborative Law cases tend to resolve faster and less expensively for parties than traditional litigation proceedings, however, this may not be true in every case. Your individual situation determines how quickly your process proceeds. Collaborative Practice can be more direct and efficient. By focusing on problem-solving instead of blame and grievances there’s an opportunity to strive for mutually beneficial and respectful results. Full disclosure and open communications assure that you cover all the issues in a timely manner and since you settle out of court, there’s no wait for the multiple court dates necessary with conventional litigation. One potential disadvantage to the parties may be that if the collaborative negotiations fail, each party will be put to the additional expense of hiring new counsel. However, the parties and attorneys acknowledgement of this may be just what is needed to promote the spirit of compromise necessary break an impasse and to successfully resolve the case. Another potential disadvantage in divorce cases is that while the filing and service of a Complaint for Divorce in Court creates an automatic restraining order on the parties’ assets, this is not present in a Collaborative Law Divorce case. However, in Collaborative Divorce cases, the parties can by agreement create a freeze on their assets. Another issue that can become a problem in the Collaborative Law Process is timing. While the traditional court process creates a specific timetable for resolution by setting a trial date, Collaborative Law Practice allows the parties to control the pace and timing of their process. In cases where one party wants to move the process along faster than the other, problems may arise. Generally speaking, the issue of timing, like any other issue that needs to be addressed, can be negotiated and agreed to by the parties.
In many civil law matters, settlement can be reached without any parties needing to go to court at all. [Back to Top]

If I choose Collaborative Law Practice, will my rights be protected?

Collaborative Law Practice mandates that each party's attorney has an absolute ethical duty to represent his or her client's interests. The process does not allow an attorney to be anything less than 100% on the side of his or her client. The Collaborative Law Process recognizes, however, that each party has an interest in resolution and that part of the process is to advance that interest on behalf of each of the clients. [Back to Top]

What if I want to quit during the middle of the process?

Both parties are free at any time to leave the Collaborative Process and pursue litigation. This will require both parties to hire new counsel. [Back to Top]

Will my settlement agreement be fair?

Collaborative Law Practice is designed to empower the clients to fashion agreements that address their unique concerns and produce results more creative than, and superior to, those experienced by clients in the conventional adversarial process. The goal is to enable parties to reach a fair and reasonable settlement that addresses and meets the needs of both parties, rather than, for example, the most aggressive party. [Back to Top]

When a settlement is reached, what is the next step?

The next step is for one of the attorneys to draft legal documents to convert the informal agreements into legally binding ones. In a divorce case, this means drafting a divorce agreement that is then submitted to the Court for approval. Collaborative Law Practice attorneys can accompany their clients to an uncontested divorce hearing and assist with the finalization of the divorce. [Back to Top]

What happens if a settlement is not reached?

If the parties cannot reach settlement with the help of their Collaborative Attorneys and other team members, there may be an exploration of whether they may want to try an alternative way to resolve their matter, for example, mediation, neutral experts, or arbitration. If not, then their Collaborative Attorneys would withdraw and the parties would proceed to obtain attorneys to prepare the matter for trial. [Back to Top]

How does Collaborative Law Practice discourage fighting between parties?

Collaborative Professionals are trained to help clients deal with their issues and emotions in joint meetings and conference calls. They understand how to help clients express authentic hopes and needs effectively. They ask questions that keep the conversation focused on mutually acceptable and workable outcomes. Collaborative Professionals also model appropriate behavior; instead of confronting others in the room, they establish an atmosphere of mutual respect and ensure that everyone present sustains that respect throughout the process. [Back to Top]

What is the difference between Collaborative Law Practice and Mediation?

In mediation, an impartial third party (the mediator) assists the negotiations of both parties and tries to help you reach an agreement in full settlement of your case. However, the mediator cannot give either of you legal advice or be an advocate for either side. The parties in mediation may have their own separate attorney present at the mediation sessions, or may consult with their attorney between mediation sessions. When there is an agreement, the mediator prepares a draft of the settlement terms for review and editing by both parties and their attorneys.

Collaborative Practice allows each party to have their own Collaborative Attorney present during the negotiation process. The attorneys, who have training similar to mediators, work with their clients and one another to assure a balanced process that’s positive and productive. When there is agreement, a document is drafted by the attorneys, and reviewed and edited by both parties until everyone is satisfied.

Both Collaborative Practice and mediation rely on voluntary, free exchange of information and commitment to resolutions respecting everyone’s shared goals. If mediation doesn’t result in a settlement, you may choose to use your attorney in litigation, if this is what you and your attorney have agreed. In Collaborative Practice, the attorneys and parties sign an agreement aligning everyone’s interests in resolution. It specifically states that the Collaborative Attorneys and other professional team members are disqualified from participating in litigation if the Collaborative Process ends without reaching an agreement. Your choice of mediation or Collaborative Practice should be made with professional advice. [Back to Top]