Collaborative Divorce Law: A New Option

With Mediation having failed to properly address the needs and issues of clients wishing to settle their matrimonial matters without litigation, a new and more comprehensive discipline has emerged: Collaborative Divorce Law.

While in Mediation, a couple would both use the services of one Mediator – a person, usually an attorney, who is not allowed to offer legal advice to either party – Collaborative Divorce Law allows for both parties to each use a certified Collaborative Divorce Practitioner, and for all parties to attempt to negotiate a final settlement without litigation. If the parties fail to reach an agreement, then it is understood that the Collaborative attorneys will both withdraw, and the parties may then select new attorneys for any litigation.

This method has three big improvements over Mediation. First, both parties have access to legal advice on which they can base their decisions; second, neither attorney has anything to gain by the negotiations failing and the case having to be litigated (which would normally mean more fees for the attorney), as they cannot act as the client’s counsel if the case must go to court; and third, clients have the advantage of having their negotiations overseen by two professionals with targeted, special training in getting litigants to reach their goals while keeping the emotional temperature – and the fees – at a reasonable level.

While our office always hopes to negotiate, rather than litigate solutions for our clients, having both parties use certified Collaborative Divorce specialists guarantees that the parties have access to highly trained attorneys who possess specific techniques to help their clients through the settlement process with less emotional trauma and less expense.

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