Frequently Asked Questions

How does Collaborative Law work?
What happens if settlement cannot be reached?
What is the difference between Collaborative Practice and Mediation?
What is the difference between Collaborative Practice and conventional divorce?
What does Collaborative Practice do to minimize the hostility often present in divorce?
How does the Collaborative Process actually work?
Is the Collaborative Process a faster way to divorce?
How does this process focus on the future?

Q. How does Collaborative Law work?

A. The parties and their attorneys enter into a Participation Agreement wherein they agree that they will work together to achieve a satisfactory settlement in a cooperative manner. The participants agree not to go to court and to voluntarily disclose all relevant information. Settlement is accomplished through conferences between all the parties, informal discussions, mediations and other non-litigation alternatives. Collaborative attorneys expend their time and effort toward settling your case instead of preparing for and conducting a trial. The result is a more cost-effective, streamlined process that resolves your legal dispute faster and with less emotional turmoil to you and your family.

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Q. What happens if settlement cannot be reached?

A. In the event that settlement cannot be achieved or if one of the parties becomes adversarial or insists that the lawyer act in any manner inconsistent with the terms of the Participation Agreement or the principles of Collaborative Law, BOTH LAWYERS AS WELL AS ANY OTHER PROFESSIONALS INVOLVED MUST WITHDRAW FROM THE CASE. The lawyers will assist the parties to find new counsel to pursue their cases in court and will work to make a smooth transition for their clients.

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Q. What is the difference between Collaborative Practice and Mediation?

A. In mediation, an impartial third party (the mediator) facilitates the negotiations of the disputing parties and tries to help them settle their case. However, the mediator cannot give either party legal advice, and cannot be an advocate for either side. If there are lawyers for the parties, they may or may not be present at the mediation sessions, but if they are not present, the parties can consult their counsel between mediation sessions. Once an agreement is reached, a draft of the settlement terms is usually prepared by the mediator for review and editing by the parties and counsel. Collaborative Law, on the other hand, was designed to allow clients to have their attorneys with them during the negotiation process, maintaining the same commitment to settlement as the sole agenda. It is the job of the attorneys, who have received training similar to the training that mediators receive in interest-based negotiation, to work with their own clients and one another to assure that the process stays balanced, positive and productive. Once an agreement is reached, it is drafted by the attorneys and reviewed and edited by both the attorneys and the parties, until both parties are satisfied with the document. Both Collaborative Practice and mediation rely on the voluntary and free exchange of information and a commitment to resolutions that respect the parties' shared goals. If mediation does not result in a settlement, the parties may choose to use their counsel in litigation, if this is consistent with the scope of representation upon which the client and attorney have agreed. In Collaborative Practice, the attorneys and parties sign an agreement, which aligns everyone's interests in the direction of resolution, and specifically provides that the collaborative attorneys and any other professional team members will be disqualified from participating in litigation if the collaborative process is terminated without an agreement being reached. Professional advice should be sought when deciding whether mediation or Collaborative Process is the best process for any individual case.

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Q. What is the difference between Collaborative Practice and conventional divorce?

A. In a conventional divorce, one party sues the other for divorce and sets in motion a series of legal steps. These eventually result in a settlement achieved with the involvement of the court. Unfortunately, couples going through a conventional divorce can come to view each other and all those involved as adversaries, and the uncoupling becomes a battleground of endless motions. The ensuing conflicts can take a tremendous toll on the emotions of all the participants, including the children. With a Collaborative case, it is, by definition, a non-adversarial approach to divorce. The parties, and their attorneys, pledge in writing NOT to go to court. The mental health and financial professionals are not allowed to go to court. They all negotiate in good faith and achieve a mutually agreed upon settlement outside of court. The cooperative nature of a Collaborative case can greatly ease the emotional strain caused by the ending of a marriage, and protects the well-being of the children.

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Q. What does Collaborative Practice do to minimize the hostility often present in divorce?

A. The Collaborative Practice is guided by a very important principle: RESPECT. By setting a respectful tone, Collaborative Practice encourages the divorcing couple to demonstrate compassion, understanding and cooperation. In addition, Collaborative professionals are trained in non-confrontational negotiation to help keep discussions productive. The goal of the Collaborative process is to build a settlement on areas of agreement, not to perpetuate disagreement.

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Q. How does the Collaborative Process actually work?

A. Once a couple decides to divorce, they each must hire attorneys who are trained in the Collaborative process. All of the parties agree IN WRITING NOT to go to court. Additional team members, such as mental health and financial professionals, are also part of the process. Open communication and mutual problem-solving by all the parties involved leads to a final divorce agreement.

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Q. Is the Collaborative Process a faster way to divorce?

A By it's very nature, the Collaborative Process can be a more direct and efficient form of divorce. From the very beginning, it focuses on problem-solving, not blaming or endlessly airing grievances. Full disclosure and open communications help to assure that all the issues are discussed in a timely manner. Finally, because settlement is reached out of court, there is no waiting for hearings and litigations that are typical of a conventional divorce.

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Q. How does this process focus on the future?

A. Ending a marriage is not just an ending; but also a beginning. The Collaborative Process assists each partner anticipate their needs in moving forward. Especially when there are children involved, their future is a number one priority. Since it is a more respectful, dignified process, the Collaborative Process helps families make a smoother transition to the next stage of their lives.

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Q. Once a settlement is reached, how will it be enforced if one party violates its provisions?

A. Once a settlement is reached, the written settlement agreement is forwarded to a judge to approve the agreement and convert the agreement into a binding court order.  This court order will be a permanent part of your court file and will be enforceable by the judge in the same way that any other court order would be.