The Collaborative Divorce Process is a non-threatening process in which cooperative practices replace adversarial techniques. The goal is to minimize conflict between the parties. It involves a team approach in which the husband and wife and their attorneys work together in a cordial manner to reach a divorce settlement. Neutral experts such as a coach, a financial planner and/or a child specialist may also be part of the team.
At the beginning of the process, the husband and wife and their attorneys sign a Collaborative Participation Agreement that they will not file any motions in court or attend hearings during the divorce and will instead work together in a cooperative manner to reach a settlement. The parties schedule a series of joint meetings to identify the priorities and needs of each spouse, exchange information and develop and evaluate options. There is full disclosure and transparent communication.
Other members of the team may include a coach (often a psychologist or therapist) whose role is to facilitate communication between the parties and address the emotional aspects of the divorce. Also, the parties may use a financial planner to assist in evaluating the financial aspects of the divorce and a child specialist to address the needs of the children. If the Collaborative Divorce Process does not work, then the attorneys are disqualified and must withdraw from the case and the parties must obtain new attorneys to represent them in court.
The Collaborative Divorce Process differs from Mediation in that in Mediation, the parties meet just with a Mediator who can provide information but cannot give legal advice whereas in Collaborative Divorce, the parties' attorneys are with them at the meetings to provide legal advice.
