How to Resolve a Divorce - Collaborative Law

Collaborative law is a method of dispute resolution whereby each party retains an attorney to advocate their interests, and the parties also retain other experts, whether accountants or mental health practitioners as the case may require, and the parties and all professionals sign an agreement committing to working together, outside of the litigation, to arrive at the terms of the agreement.  The parties and attorneys commit that they will not commence litigation.  If there process is unsuccessful, and one party or the other seeks litigation, the attorneys involved in the collaborative process must withdraw and new counsel is retained.  

Advantages to collaborative law

1. It resolves the issues outside of the adversarial proceeding, and many find the process allows the parties to maintain a more healthy relationship during, and after, the case. 
2. The negotiations can occur prior to the filing of any pleadings with the Court, allowing the parties to focus on the issues while avoiding allegations about the other.
3. You and your spouse have complete control over the manner and timetable in which the agreement is reached. 
4. Collaborative law is also different from mediation in that you have an attorney involved in the process who serves as your advocate.  In mediation, the mediator simply serves as a facilitator who does not seek to advance or protect either party’s interest.
5. The requirement that all lawyers be disqualified in the event of a breakdown guarantees that all participating counsel will be totally and exclusively motivated to make the process succeed. Thus, all participants are equally and fully invested in finding the solution.
6. Many people find the costs of the collaborative process to be less than that the costs of litigation.

Disadvantages to collaborative law

1. There is no ability to compel discovery from third parties.
2. You may lose the financial protections and right to seek Orders in the litigation. 
3. The requirement that the lawyers withdraw from representation in the event of a breakdown will mean that if the process is unsuccessful you must retain new counsel.

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