What to expect from the Collaborative Process?

The Collaborative Process is a form of dispute resolution that is 100% focused on settlement

Each client hires an attorney who has obtained formal training in this process.

The most fundamental component is that there is a signed participation agreement that indicates that neither of the attorneys will represent their client in litigation. If either party decides to pursue filing in court without a settlement and asking for court relief, the Collaborative Process ends and the clients retain litigation counsel.

Use of other professionals trained in the Collaborative Process is encouraged (i.e., a neutral financial and child specialist, and mental health specialists to assist with the emotions/communications).

The client should have an initial consultation with an attorney, which includes a comprehensive intake of the factual history from the client. The attorney then discusses the various models of dispute resolution. The client needs to understand how the Collaborative Process works and the attorney needs to advise the client whether it makes sense for that client, considering the factual history and the client's interests and goals.

Once both parties have retained collaboratively trained lawyers, the lawyers would then talk to review the case and discuss plans for a first meeting. The first meeting consists of the clients and their lawyers and possibly other professionals engaged on the Collaborative team. During the first meeting, the Participation Agreement is reviewed and signed.

The next step is to determine whether there are pressing needs that are time sensitive (those issues may need to be addressed at the outset).

The team then moves into identifying issues, gathering factual information (from the clients and the professionals), hearing from the clients as to their respective interests and goals, brainstorming options, and looking at options with the goal of maximizing the interests of the family. Legal advice is transparent so the clients have the opportunity to hear what each lawyer has to say.

Once an agreement is reached, the details are worked through and the agreement is usually reduced to writing in contractual form and signed by the clients.

The process is likely to proceed over the course of several meetings. Those in attendance may vary depending on the needs of the clients and the meeting agenda.

If desired, the attorneys assist their clients in obtaining an uncontested no-fault divorce.

The Collaborative Process can be extremely worthwhile for parties where all involved are committed to assisting the clients reach a quality settlement. There is no distraction of litigation pending and the professionals use their skills and training in interest based communications to address the needs of the clients in a positive manner.