About Collaborative Family Law

What is the difference between Collaborative Practice and Mediation?

In mediation, a neutral and impartial third party (the mediator) facilitates the negotiations of the disputing parties and tries to help them settle their case. The mediator, however,  cannot give either party legal advice or be an advocate for either side. If there are lawyers for the parties, they may or may not be present at the mediation sessions. If they are not present, the parties can consult their counsel between mediation sessions. Once an agreement is reached, a draft of the settlement terms is usually prepared by the mediator for review and editing by the parties and counsel.

In the Collaborative Law process, clients are able to have their lawyers with them during the negotiation process to provide them “real time” advocacy and advice. At the same time, the lawyers maintain the same fundamental commitment to a settlement that is mutually acceptable to all involved. The lawyers, who have received training similar to the training that mediators receive in interest-based negotiation, are dedicated towards working with their own clients, and one another, to assure that the process stays balanced, positive, safe, and productive. Once an agreement is reached, it is drafted by the lawyers and reviewed and edited by both lawyers and the clients, until both everyone is satisfied with the document.

There is a common commitment shared by both the collaborative process and the mediation process. Both negotiation models rely on the voluntary and free exchange of information and a focus on resolutions that respect the clients’ shared goals. If mediation does not result in a settlement, the parties may choose to use their counsel in litigation. In Collaborative Practice, all participants sign a “Participation” or “Commitment” Agreement, which aligns everyone’s interests in the direction of resolution. This agreement specifically provides that the collaborative attorneys and any other professional team members will be disqualified from participating in litigation if the collaborative process is terminated without an agreement being reached.

What is a “Collaborative Team?”

The foundational premise of the “collaborative team” is that the clients and their chosen professionals – be they the lawyers or other collaborative professionals – act as a problem-solving team rather than as adversaries. A collaborative team can be any combination of professionals that the clients choose to work with to resolve their dispute. It can be just the clients and their collaborative lawyers. It can be the clients, their collaborative lawyers and a financial professional. It can be the clients and divorce coaches, or mediator, or child specialist, working as a team either before or after the collaborative lawyers are chosen.

Is Collaborative Family Law faster or less costly?

It is important to recognize that each couple, each family, presents their own unique and special circumstances. Nonetheless, by its very nature, Collaborative Family Law can be a more focused, efficient, and productive process. The goal at the outset is to be attentive to the clients’ real and authentic needs and interests. Time and energy is not spent on blaming, judgment, or labeling associated with past history or behavior.

All participants commit to full disclosure of all relevant information, as well as open and transparent communication. This facilitates ensuring that all issues are discussed in a timely manner.

Finally, the participants are in charge of the agenda, pace and progress of the collaborative family case. Clients in this setting are not directed or consumed by endless formal court and legal procedures which can act to bog down progress and increase the overall cost of the process.

Does Collaborative Family Law help clients prepare for the future?

The end of a relationship can easily be seen as both the closure of one chapter in the book of a person’s life, and the beginning of the next chapter. Collaborative Family Law helps each spouse/partner look not only to the substantive resolution of their relationship, but allows each client to anticipate and identify their needs, interests, and goals moving forward. These additional “high end” goals can be recognized during the process and included in the discussions. When children are involved, Collaborative Family Law makes their interests the number one priority. Not only will there be a focus on a Parenting Plan. Discussions can occur around respecting and honoring the children’s relationship with their extended family of aunts, uncles, cousins and grandparents. The parents themselves can choose as a goal, maintaining a respectful relationship with each other as co-parents. As a more respectful, dignified process, Collaborative Family Law helps families make a smoother transition to the next stage of their lives.

With thanks to the International Academy of Collaborative Professionals for excerpts from its FAQs.