Collaborative Divorce

In the Collaborative Law option, both spouses meet with their respective collaborative attorneys to discuss their individual needs and concerns. Then the couples and their attorneys meet in four-way sessions to reach settlements without involving the court. All issues, including property division, parenting allocation and support, are on the table in these sessions.

The core of the collaborative process is to facilitate the making of agreements. To do so effectively depends on making a mental shift in the mindset, thus enabling parties to view in a new and different light both the nature of the conflict and the elements inherent in the personalities, characteristics and resources of the participants.

At times, other professionals, perhaps mental health professionals and financial experts, may become part of the team to assist couples in reaching solutions. Divorcing couples benefit from the skills, advice and support of attorneys and other professionals while striving to work things out in a positive, future-focused manner.

The collaborative approach is pragmatic and grounded in the needs of the parties. Initially, those needs fall into two categories – process needs and outcome needs.

The process needs are determined by accepting the party in the emotional state in which they enter the process. The person may be experiencing anger, hurt, distrust, grief, bitterness, fear or failure. Personality characteristics also play a part. For example, a person may be intelligent, unsophisticated, analytical, visual, needy or co-dependent. A good process begins by accepting the participant as who he or she is at the outset.

The outcome needs describe the desired goals and objectives of the party, which will allow that person to feel that the issues are resolved. Outcome needs are developed by identifying and analyzing the fears, needs, wants, concerns or interests of the parties. This allows them to move beyond the stated positions which have sustained the conflict. When a settlement is reached, attorneys file the appropriate paperwork required by the court.