Thomas A. Birkhold, P.C.
8051 Moorsbridge Road
Portage MI 49024
Telephone: 269.488.2320
Fax: 269.323.3418

Thomas A. Birkhold

Collaborative Practice
You are here: What is Collaborative Divorce? » What Makes Collaborative Divorce Different

What makes collaborative divorce different—and better?

    Collaborative Law

  • A pledge not to go to court or threaten to go to court to resolve disputes
  • An honest and good faith exchange of information by both parties without formal discovery
  • No attacks, threats or intimidation 
  • Absolute confidentiality during the process so that each spouse can feel free to express his or her needs and concerns
  • A goal of creating solutions that address the highest interests of both parties and their children
  • Solutions are reached before relations are destroyed or ruined
  • Interest-Based Negotiations Work

Why interest-based negotiations work.

Life experience teaches us to take positions on all sorts of issues. These positions are based on assumptions, knowledge and memory. However, in reality assumptions are often incorrect, knowledge is faulty and memories are distorted. In spite of this, positions become entrenched. The more they are attacked, the more difficult it is to acknowledge another position.

The collaborative process focuses on parties’ interests instead of positions. It permits an exploration of the goals, needs, values, priorities and concerns (interests) which lead to positions. Such exploration leads to an assessment of the accuracy of our assumptions, knowledge and memory and typically to an understanding that there is more than one position that meets the needs of the parties’ interests. When done jointly with a spouse, couples are able to discuss their real interests, avoid positions and find common ground on which to build solutions.
   
 
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