Collaborative Law Information:

"Divorce Can Be ... " (our brochure)

Collaborative Law (also called Collaborative Divorce, Collaborative Practice, or Collaborative Dispute Resolution) is a process designed to counteract some of the destructive side effects of the adversary legal system, and resolve divorces and other family law cases in the "enlightened self-interest" of the entire family. It achieves this without diminishing lawyers' ethical duties to clients, or clients' right to make their own decisions. Indeed, it requires lawyers to make sure their clients have adequate time, legal advice, and relevant information before making any decisions. Collaborative lawyers are trained in the skills needed to combine dispute resolution with client advocacy and advising, to help attain the elusive "Good Divorce."

A contract to hire the lawyers for settlement only

In collaborative law, both clients make a formal agreement to hire their lawyers only to negotiate, not to litigate. The parties are not giving up the right to litigate, but they can't do it with the same lawyers. The contract says that if either party starts contested litigation, both lawyers are disqualified and the parties will need new lawyers. This condition reduces the stress and escalation that often gets generated even in divorces that start out with good intentions.

Honesty

The other essential element of collaborative law is that under the contract, everyone involved has to disclose all relevant facts. The clients' individual retainer contracts with their lawyers also require them to be honest. If they are not, the lawyer can withdraw, or end the collaborative process. This process is not for clients who want to keep secrets from each other about facts that are relevant to the settlement.

Keeping things orderly and productive

The lawyers are trained in an "interest-based" dispute resolution process that is somewhat like mediation. Most of the negotiation happens in four-way meetings. The meetings are carefully prepared for and planned in preliminary meetings between each client and his or her lawyer. The lawyers also confer ahead of time to finalize the agenda and discuss the couple's issues and communication styles, and how to work productively with them. In the meetings, the lawyers use techniques for keeping themselves and the clients focused on the process.

No short-term pressures forcing long-term decisions

One of the best features of Collaborative Law is not only avoiding litigation, but also avoiding hasty and soon-regretted last-minute settlements driven by the schedule and demands of litigation. Settlement conferences follow pre-agreed plans. No one is rushed through the process. On the other hand, to discourage indefinite delays, firm dates are set for settlement conferences.

When needed, there is typically a short-term agreement at the beginning about temporary support and attorney's fees. People in Collaborative Law cases do not use unfair advantages to force an unsustainable settlement.

Non-lawyer experts

Besides lawyers, a Collaborative Law case can also involve psychologists or counselors who help the couple with communication, financial planners, appraisers, evaluators, mediators, and child development experts, depending on what the clients need. They too are trained in collaborative dispute resolution, and are disqualified, by the Collaborative Law contract, from involvement in contested litigation. Meetings with the lawyers don't always include the other experts.

Collaborative Law and Mediation

Collaborative law and mediation use many of the same techniques. But the Collaborative Law process is run by two lawyers, each loyal to his or her own client, rather than by a mediator who is concerned with remaining neutral. Unlike in most mediations, each client has his or her own lawyer available for legal advice and explanations.

Practice Networks

Collaborative Law began with four lawyers in Minneapolis in 1990. Now there are local/regional collaborative practice networks all over the U.S. and Canada. In D.C., Maryland, and Virginia, the Collaborative Family Law Society (CLS) includes over 80 trained lawyers, financial planners, and psychologists. For the most up-to-date list of members, visit our web site, www.co-divorce.com.

Getting started

A couple or an individual can begin by contacting lawyers, financial planners, psychologists or counselors on the list of trained CLS members at www.co-divorce.com, depending on what kind of help you need first. Optionally, you may call 1-888-363-5668 or email collablawsociety@flash.net for referrals to members near you.