What is Collaborative Practice?

Collaborative Practice is a new dispute resolution model in which a the parties work as a team with trained professionals to resolve disputes respectfully, without going to court. This team includes attorneys, mental health professionals and financial experts assisting the parties in resolving their conflict through cooperative strategies rather than adversarial techniques and litigation. All participants agree to work together respectfully, honestly, and in good faith to try to find mutually agreeable solutions to the legitimate needs of both parties. No one may go to court, or even threaten to do so.

Its inviolable core elements are set out in a contractual commitment among the clients to:

• negotiate a mutually acceptable settlement without using court to decide any issues for the clients
• withdrawal of the professionals if either client goes to court
• engage in open communication and information sharing
• create shared solutions that take into account the highest priorities of both clients.

Is it right for you? 

If you and your partner wish to use a lawyer for advice, counsel and encouragement, the answer is "yes" this process is right for you. If the issues between you and your spouse/partner are complex, Collaborative Practice may also be a good choice because the process calls on the expertise of professionals who can help facilitate positive progress. These professionals include financial professionals, mental health professionals who serve as coaches and child specialists, all trained in the Collaborative Practice model.

Collaborative Practice is beneficial if you and your partner have children and want to protect them from the rancor associated with more traditional adversarial paths. This process also enables you to keep your personal affairs out of court and control important decisions that affect your family life for the future. In this model, you can restructure your family without putting these matters in the hands of the court. Perhaps the ultimate benefit of this process is that you and your spouse will set an intention to resolve your disputes with integrity and grace, allowing you to problem solve in a creative and healing manner.

What professionals are on the team?

The collaborative team includes two lawyers, mental health professionals who serve as coaches, a financial professional, and a child specialist. All other experts are used as neutral parties, with costs shared by the couple. These experts can also include business evaluators, appraisers or certified public accountants.