What is Collaborative Practice?
Collaborative Practice is a voluntary alternative dispute resolution program in which parties attempt to settle outside of court. The process is outlined by the International Academy of Collaborative Professionals.
There are six parts of having a successful resolution to a collaborative divorce:
- The parties both sign a collaborative participation agreement describing the nature and scope of the matter.
- The parties voluntarily disclose all information that is relevant and vital to the matter that must be resolved.
- The parties agree to use good faith efforts in their negotiations to reach a mutually acceptable settlement (versus litigating their case in court).
- Each party must be represented by a collaborative lawyer (through a limited scope representation agreement) whose representation terminates upon the case being litigated in a court.
- The parties may engage mental health and financial professionals whose engagement also ceases upon the case being litigated in court.
- The parties may jointly engage other experts as needed
Is collaborative divorce a good decision for you?
If the following values are important to you, Collaborative Practice is may be a good option for you:
- I want us to communicate with a tone of respect.
- I want to prioritize the needs of our children.
- My needs and those of my spouse/partner require equal consideration, and I will listen objectively.
- I believe that working creatively and cooperatively resolves issues.
- It is important to reach beyond today’s frustration and pain to plan for the future.
- I can behave ethically toward my spouse/partner.
- I choose to maintain control of the divorce/separation process with my spouse/partner, and not relegate it to the courts.
In our blog articles, you can learn more about collaborative practice. You can also call us at 855-595-6679, and ask speak to meet with a collaborative professional, or fill out the contact form below: