Collaborative AKA No-Court Divorce - A Better Way?

Collaborative divorce is a family law procedure by which the two parties agree that they will not go to court, or threaten to do so.  The parties strive to reach a fair settlement through a series of four-way meetings between the two parties and their lawyers.   This is a relatively new approach to conflict resolution.  It is based on the realization that traditional litigation is not always helpful to families, and often is damaging.  Its popularity is increasing dramatically.

Collaborative law differs from mediation. In mediation the mediator is a neutral third party who doesn't represent either side, though each party usually has a lawyer available to consult with throughout the mediation process. 

The Collaborative process involves treating each other respectfully and satisfying the interests of all family members rather than trying to gain individual advantage.  The Collaborative process sets a positive tone so that the husband and wife can work to satisfy both of their interests.  The process can reduce unnecessary and destructive conflict and avoid litigation.

The key document in a collaborative case is the Participation Agreement. It is a contract signed by the participants, which sets forth the rules for the process.  The Participation Agreement includes a Court Disqualification Clause, which states that if the parties do not resolve the matter in the Collaborative process, neither attorney will represent the parties in any contested litigation between them. 

Thus, the Collaborative process can increase the motivation of all parties and attorneys to reach a settlement.  If negotiations break down and either husband or wife decides to proceed with a litigated court divorce, both parties need to hire new attorneys and the collaborative attorneys are out of a job.  As a result, everyone in the Collaborative process focuses exclusively on reaching agreement.  All parties and attorneys focus on negotiation from the very beginning of the process.  Collaborative attorneys work to negotiate constructively and avoid attacking the other side.  What is said in the settlement meetings remains confidential.

The Collaborative process typically involves a team of Collaborative professionals who have specialized training in collaborative divorce skills.  Using a team approach helps the couple make fully-informed, carefully considered settlement decisions, using professionals with different skills.  The team is assembled based on the individual needs of the case.  For example, separate divorce coaches, who are mental health professionals, can help one or both of the parties to deal with emotional, relationship, and parenting issues.  Child development specialists, financial and real estate professionals may be hired jointly to provide unbiased information and advice.  These specialists are neutral, which saves each party time and money hiring his or her own experts.

Collaborative professionals usually have had special training to help promote constructive settlements.  By investing the time and money for professional training, Collaborative professionals demonstrate a commitment to constructive negotiation. 


Richard Ross
Certified Family Law Specialist

Richard Ross is a Certified Family Law Specialist in California who is a member of the Collaborative Family Law Professionals in both Ventura and Los Angeles Counties.

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