Collaborative Divorce Law

What is Collaborative Divorce Law?
Collaborative Divorce Law is an alternative dispute resolution for families.  It is a method where both sides agree to resolve conflicts by employing cooperative techniques rather than adversarial strategies and litigation.  Everyone involved commits to achieving a negotiated outcome.  It is agreed that no litigation will be commenced during the negotiations.  Mental health providers and financial professionals are used to maintain the neutrality of the meetings and to prevent the parties from taking a position-based stance.

Why Use Collaborative Divorce Law?
Collaborative divorce is for people who want to dissolve their marriage in an effective way where each side is able to reach a fair solution and resolve differences.  It is for parents, who want to act in the best interest of their children and to minimize any emotional damage to the children as a result of the separation.  Collaborative divorce is based on an atmosphere of respect and is much less stressful than traditional litigation.

Who can Benefit from Collaborative Divorce Law?
Collaborative Divorce is for those who

-desire a private, civilized and dignified resolution to their issues. 
-want to come to a resolution with minimal effect to their children. 
-want a lower cost than traditional litigation.
-want to preserve family relationships.

Interest-based vs. Position-based Bargaining
The traditional method of litigation is a position-based method of dispute resolution.  Each side of the conflict focuses on themselves and what they want or need.  This is an adversarial method that creates animosity between the couple.

Interest-based bargaining is a method that focuses on the underlying reasons for individual needs and wants of the couple.  Communication is directed toward understanding the needs of the family and developing solutions to fit those needs.

Cost of Litigation vs. Collaborative Divorce
Often, collaborative divorce is less expensive than litigation because you are not required to pay excessive court fees and costs.  You also avoid the attorney fees for “discovery” by agreeing to disclose and exchange all information required.  Collaborative law is usually less stressful and timely than litigation.  Another cost of litigation is the family.  In many cases, the family is broken with both parents and children angry at each other.

Collaborative divorce seeks to maintain the family unit.

How Does the Collaborative Process Work?
The collaborative process is based on a written agreement signed by all parties involved.  The parties agree to exchange all relevant information and to abide by the code of conduct.  Court proceedings are suspended throughout the process.  The couple and all professional parties meet together and work through all relevant issues.  Once a final agreement is reached, a court order is drafted and, when signed by the judge, becomes an enforceable divorce decree.

For More Information:
http://www.collaborativepractice.com
http://www.dentoncountycollaborativeprofessionals.com