WHAT IS THE DIFFERENCE BETWEEN COLLABORATIVE LAW, COLLABORATIVE PRACTICE, AND COLLABORATIVE DIVORCE?

Collaborative Law is the term used to denote the method for resolving all of the issues in a family dispute without adversarial litigation. Each client is represented by an attorney who commits to not participating in adversarial litigation in this case. The parties use interest-based negotiation in 4-way meetings. If a settlement is not reached each client must obtain a new attorney to handle the adversarial litigation.

Collaborative Practice is the term for various models of resolving legal disputes in a non-adversarial manner. It can be the two-attorney model of collaborative law or the two attorneys may be part of a team which can include one or more of the following professionals: mental health coaches, a neutral child specialist, or a neutral financial specialist.

Collaborative Divorce is the specific term for an interdisciplinary team model. The team will include attorneys and mental health coaches and is likely to include a financial specialist and, when minor children are involved, a child specialist.

WHAT IS THE DIFFERENCE BETWEEN THE COLLABORATIVE APPROACH AND MEDIATION?

Mediation is a process for resolving disputes using one neutral third party to assist the participants in reaching an agreement. The mediator may be an attorney or other trained professional. The mediator cannot give legal advice and cannot complete the case in court once an agreement is reached. In a collaborative case, each party is represented by an attorney who participates throughout the negotiation process and once a settlement is reached, files the necessary legal documents to conclude the action in court.

HOW DOES A COACH DIFFER FROM A THERAPIST?

Collaborative Practice Coaches are licensed mental health professionals such as a psychologist or a social worker who are retained specifically to enhance the client’s listening and communication skills to facilitate the collaborative process. Collaborative coaches are employed only for the duration of the collaborative process. The coach cannot continue to work with the clients after the case is concluded. The client agrees at that outset of the coaching agreement that the coach will never be required to testify in court should the case not be settled through the collaborative process. A client’s coach works in tandem with the client’s attorney and, with the client’s permission, may confer with the client’s therapist.

WHY SHOULD I INCLUDE A COACH ON MY TEAM?

Since the collaborative approach requires the parties to negotiate with each other in a face to face situation, old patterns of communication and the stress and emotionality common at a time of a divorce can impede resolution. The coach utilizes his or her professional skills to enhance the communication skills of the client. The coach helps the client to verbalize his or her concerns and to identify the highest interests.

WHY SHOULD I INCLUDE A CHILD SPECIALIST?

One goal of a Collaborative case where the parents have minor children is for the parents to identify and work toward the best interests of these children. When crafting a parenting plan that establishes the schedule for the parents to be with the children and developing procedures for sharing joint decisions about the children’s education, health and welfare, it can be helpful to have insight as to the children’s developmental levels. Usually children are upset and fearful about the how the divorce will affect them. A child specialist can provide the children a neutral, non-judgmental voice in the process and can provide the parents with useful information to guide their plans.

WHY SHOULD I INCLUDE A FINANCIAL SPECIALIST?

A neutral financial specialist can produce detailed current and future budgets, develop long term projections of income needs and identify tax issues of concern. The neutral professional can assist the clients with various alternatives to divide their assets most efficiently to meet their respective needs.

ISN’T THE TEAM APPROACH MORE EXPENSIVE?

The financial specialist can reduce the hours the attorney must spend on the routine financial data gathering and organizing. These related professionals generally charge lower fees than attorneys. By enhancing the parties’ communication, coaches can make meetings more productive in reaching a settlement and thus reduce the overall cost. Working out shared parenting can be one of the most difficult aspects of a divorce. The child specialist has expertise that can facilitate the resolution of the issues related to the children.

HOW QUICK IS THE COLLABORATIVE APPROACH?

A collaborative schedule is governed by the needs of the clients and thus the time frame can be established by the clients. It can be considerably quicker than the traditional approach or it can go more slowly if the situation demands it.

CAN THE COLLABORATIVE APPROACH WORK WHEN EMOTIONS ARE INTENSE AND EVEN HOSTILE?

Working collaboratively is not easy but it can ameliorate much of the strain and miscommunication attendant to a divorce. The collaborative approach creates a respectful environment utilizing professionals trained to address emotions thoughtfully in a manner that does not add fuel to the fire. This approach encourages clients to seek non adversarial solutions and to identify their interests. The directness of the meetings and the fact that a client’s questions and concerns are voiced often reduces the overt conflict.

WHAT OTHER BENEFITS CAN I EXPECT FROM THE COLLABORATIVE APPROACH?

The collaborative process is private; the court file will consist only of required documents and thus a minimal amount of your personal information will have to be made public. An agreement crafted through compromise and open negotiation and consideration of each party’s interests may result in less post-divorce conflict.