The process of collaborative divorce focuses on a combined effort on part of both the parties to negotiate on conflicting areas like child custody, access to children, property division, alimony, child support, and management of debts and other liabilities. In this process, the lawyers and the parties work together as a team to reach a consensus, with the help of cooperative strategies and non-adversarial techniques, to avoid the painful and expensive process of litigation.
As the collaborative team is made of neutral third parties, the issues are seen and portrayed in an unbiased way, leading to an attitude change in both parties and how they perceive the issues.
How it Works?
The collaborative divorce team consists of the contesting parties – wife and husband, a collaborative divorce lawyer, a collaborative coach, an unbiased financial specialist and an unbiased child specialist.
The Collaborative Lawyer – A collaborative lawyer is a divorce lawyer who should act in the client’s best interest, while keeping in mind the goal of collaborative process. Both the clients have to come into an agreement with their own lawyers, consenting to act honestly, provide the necessary documents and to negotiate in good faith without any hostility. The clients also have to agree that if the collaboration process fails, they will hire a different lawyer for litigation.
The Collaborative Divorce Coach – Collaborative divorce coaches act as therapists, although they are not qualified, and help the clients go through the difficult parts of the separation process. You can have your own divorce coach to guide you through the process and help you make a collaborative decision. However, the divorce coaches cannot testify, if ever the case goes to trial.
Financial Specialist – The collaborative divorce team also includes a neutral financial specialist, whose job is to guide the couple regarding the costs involved in the divorce process and to interpret the various financial documents related to property, real estate, liabilities, etc that the couple has to decide about.
Child Specialist – The child specialist is also a neutral party in the collaborative team who represents the best interests of your child. In case there are issues of child custody, access and support, it is better to hire a collaborative child specialist who can also help the child with the emotional trauma of its parents’ divorce.
What are the Benefits?
The collaborative divorce process replaces the traditional form of adversarial litigation and reduces the resentment between the two parties. A divorce lawyer who works in the best interests of his client should suggest this alternative dispute resolution to reduce the costs, reduce the stress for the clients and their children, and make the process more respectful for all those involved, by negotiating and cooperating.