How the Collaborative Process Works
The Collaborative Divorce process begins with a signed participation agreement. Both parties agree that they will not go to court, that they will not threaten others with going to court and that they will strive hard to resolve their case through good faith, reason, common sense and creative negotiations to reach a mutually acceptable divorce settlement.
The unique aspect of this process is that the Collaborative Team works entirely outside of the court system. Everything is conducted in private meetings and through private communications in an open, non-confrontational setting.
The main advantage of Collaborative Divorce is that the parties are always in charge of their own resolution. The Collaborative Team only suggests and provides appropriate options, solutions, and compromises. The parties decide the terms of their divorce, not the lawyers or a judge. When the terms of an agreement are reached, the Collaborative Team’s purpose is to facilitate the parties’ decisions into legally binding arrangements.
If the Collaborative Divorce Process fails for any reason, none of the associated professionals can represent either party or serve as witnesses in court. The only vested interest for the collaborative professional is in helping both parties reach a mutually agreeable settlement outside of court.
The result is that both parties must work very hard to settle their case and reach an agreeable resolution. If an agreement cannot be reached, both parties must begin the divorce process again with new attorneys and other professionals.