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If you feel that you and your spouse
would each benefit from retained legal representation throughout the
divorce process, but do not wish to litigate (with the potential
increase in conflict that the litigation system seems to foster), then
collaborative divorce may be for you.
In the Collaborative Divorce model, you contract with your
collaboratively trained attorney that they will not represent you in
Court. Your spouse will similarly contract with another
collaboratively trained attorney. These agreements set the scene
for your attorneys to collaborate in helping you and your spouse to
reach agreement. This is a non-adversarial approach and is based
on the principle that the parties, with support, advice and guidance
from their attorneys working in a problem-solving and collaborative way,
can reach their own agreement without causing additional harm to their
potential to be good co-parents.
This is in contrast to the traditional litigation approach which
requires your attorney to file your case with the court, prepare for
appearing in court, and follow the court-imposed rules and schedules.
The litigation model tends to fuel conflict between the parties by its
nature as it is based on the principle that adversarial representation
is the optimal way to represent the client's interest.
The Collaborative model is not for everyone and it not necessarily
easier than litigation. Ideally, a collaborative approach helps
you to restructure your family. You will need to communicate directly
with your spouse, with the help of the collaborative team, to express
you goals, needs and desires for your future.
The Collaborative model often utilizes other professionals to assist the
parties to reach resolution.
A Financial Consultant will collect the financial information and help
the parties and their attorneys to understand it and reach a financial
agreement.
Divorce Coaches focus on the emotional and communication issues, and
often help with parenting issues. Sometimes one coach works with both
parties and sometimes each party has their own coach.
While the collaborative model is typically not as inexpensive as
mediation without retained attorneys, it is often the right model for
those who wish to work together, with attorneys, in a
non-adversarial way. In contrast to the litigation model, the
collaborative model tends to focus resources on reaching deeper
meaningful resolution rather than on procedural legal processes and
defending positions.
Collaborative divorce is not for every situation. If there is
insufficient trust, a history of abusive or mental illness, or a high
level of technical complexity, then the collaborative process may not be
ideal.
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