The Advantages of Collaborative Divorce

The Advantages of Collaborative Divorce

Divorce is one of the most emotionally and financially stressful events that occurs in a person's life. Traditional litigation only adds to these stresses - the parties are adversarial, conflicts can escalate, trips to the courthouse add up, and so do high attorney fees and other costs.

Despite the contested nature of traditional litigation, 98 percent of cases are resolved without having a judge make the decisions, often on the eve of the trial. But the parties have already spent months of expensive preparation and endured great stress. Further, clients who are dissatisfied with the settlements are prone to engage in post-judgment litigation, which means you're back in your attorney's office and in the courthouse again.

The collaborative law process is readily applicable to most family law issues, not just divorce, including paternity or the dissolution of non-marital relationships. Collaborative family law offers many benefits for clients including:
a goal toward resolution - In a collaborative situation, you and the other party have assurance that the attorneys representing you will provide service consistent with your goals, and not become part of the problem.

Your attorneys have joined with you in making a commitment to reaching a resolution acceptable to all, and there is no financial or other incentive for the attorneys to act otherwise.

specially trained attorneys - attorneys trained in collaborative family law have completed special training to help you identify your interests and manage the challenges unique to family law disputes.

a full team of experts - you can include mental health professionals as coaches and child specialists, as well as financial specialists, to address all your critical issues.

more positive relationships - collaborative family law significantly increases the likelihood that you can resolve the dispute while preserving a positive relationship with the other party, which many people highly value, and can help preserve relationships with in-laws, relatives, extended family and mutual friends.

a healthier environment for children - collaborative family law is designed to minimize hostility and conflict, and to instead refocus the parties on constructive, mutually satisfactory methods of arriving at solutions. This is a significant benefit to the parties' children, since research has shown that conflict and hostility between parents, an almost inevitable consequence of adversarial litigation, is significantly damaging to children.

control - you can retain control over the dispute resolution process and the eventual outcome. Neither party has to face the risk or fear of an unknown, imposed decision by the court, or pressured last-minute compromises which neither of you truly endorses nor understands.

flexibility - by working together with your attorney, you and the other party can explore creative solutions to meet your circumstances on both a short and long-term basis. This may well lead to agreements that are not constrained by the posturing, rigid positions and formulas which may characterize traditional negotiations or court-imposed results.

privacy - In contrast to publicly filed motions and open court hearings, the main method of resolution occurs in a series of private meetings that are scheduled to keep the process moving at a pace that meets the parties' needs.
cost savings - While collaborative family law is not and should not be promoted as an inexpensive alternative, the nature of the process focuses all resources on activities that advance resolution. If the collaborative process is successful and results in a complete agreement, as most do, parties will be able to spend less overall in legal fees than they would in a contested process.

improved communication - as you move through the collaborative process, you and the other party can learn and improve your communication, negotiation and problem solving skills. The essential skills you develop help you avoid or minimize future conflict, especially if you're parents. You'll also use these skills in other areas of your life.