Collaborative Family Law

Collaborative Law 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 planned and prepared for, in preliminary meetings between each client and his or her lawyer. The lawyers confer ahead of time to finalize the agenda and discuss how to minimize distractions, surprises and unproductive arguments that might come up between this particular couple. 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 that it avoids litigation, but that it avoids 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 in Collaborative Law and Collaborative Divorce (SM)

Besides lawyers, Collaborative Law can also involve psychological coaches, financial plan-ners, evaluators, mediators, appraisers, and child advocates, depending on the needs of the case. They too are trained in collaborative dispute reso-lution, and are disqualified, by the Collaborative Law contract, from involvement in contested litigation. Collaborative Divorce (SM), a proprietary service-marked service, predominantly uses a team of lawyers psychological coaches and a financial planner. Like Collaborative Law, it brings in other experts when appro-priate. Collaborative Law involves the psychological coaches and financial planners when needed, but not in every case. In either model, meetings with the lawyers don't always include the other experts.

Collaborative Law and Mediation

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 at least 65 local/regional collaborative practice networks in the U.S. and Canada. In D.C., Maryland, and Virginia, the Collaborative Law Society (CFLS) includes over80 trained lawyers, financial planners, and psychologists. For the most up-to-date list of members, visit www.co-divorce.com.

Getting started

You and your spouse can begin by contacting a lawyer, financial planner or psychologist on the list, depending on what kind of help you need first.

For more information:

Go to our list of members of the Collaborative Law Society.

Read the article by Rita Pollak in the Spring, 2000 issue of the American Bar Association's Family Advocate

Order Collaborative Law: Achieving Effective Resolution in Divorce Without Litigation by Pauline Tesler from the American Bar Association, 800-285-2221

THE COLLABORATIVE LAW SOCIETY (An introduction to our group by former CLS President Jim Gross)

COLLABORATIVE LAW F.A.Q.S (by CLS President Jim Gross)

Lawyers Weekly USA article on CL

Frequently Asked Questions (from the Cincinatti CL Center)

International Academy of Collaborative Professionals

How Do Collaborative Lawyers Work?

Collaborative Law: Achieving Effective Resolution in Divorce Without Litigation, a book by Pauline Tesler (for delivery much faster than Amazon promises, call the American Bar Association, which published the book, at 800-285-2221

Divorce: A Problem to Be Solved, Not a Battle to Be Fought