Collaborative Practice is a process where both spouses and their attorneys commit themselves to resolving differences in a manner acceptable to both parties, without the threat of resorting to the court system or to any form of litigation.

Collaborative Practice relies on the commitment or the spouses and their attorneys to exercise honesty, cooperation, professionalism, and integrity in working toward the future well-being of the family.

Collaborative Practice uses informal discussions and conferences attended by spouses and their attorneys to settle all issues. Major goals of the Collaborative Law process are to maximize settlement options for the benefit of both parties and children, and to minimize or eliminate the negative economic, social and emotional consequences of litigation.

Collaborative Practice requires that each spouse and attorney take a reasoned and reasonable approach to all issues. When interests differ, all participants use their best efforts to create proposals that meet the fundamental needs of both parties, if necessary compromising the issue in order to reach a complete settlement.

Collaborative Practice enlists attorneys to help spouses arrive at a fully informed agreement, with confidence that relevant legal issues and ramifications have been explored and addressed.

How does Collaborative Practice Differ from Litigation?

Open Exchange of Information
In Collaborative Law, all participants agree to an open, honest exchange of accurate information and necessary documents. Neither spouse takes advantage of the miscalculations or inadvertent mistakes of others, but instead identifies and corrects them.

Custody
In Collaborative Law, both parties agree not to involve their children in disputes. They agree to speak respectfully to, and of, each other in the presence of their children. The spouses negotiate and agree on parenting decisions, rather than delegate that authority to others.

Joint Experts
In Collaborative Law, the spouses jointly choose and employ the services of any accountant, appraiser, mental health professional, or other consultant whose services may be required, instead of each hiring his or her own adversarial expert.

Negotiations
In Collaborative Law, the spouses acknowledge each other's legitimate needs and work together creatively for their mutual good, instead of striving for individual advantages.

Attorney's Role
In Collaborative Law, the attorneys are committed to the cooperative resolution of all issues. A Collaborative Law attorney will withdraw from participation if his or her client abandons the collaborative process or refuses to follow collaborative guidelines.

When does the collaborative process work?

The collaborative process could work if both you and your spouse:

• Are committed to treating each other with respect and honesty throughout
  your divorce.
• Want to resolve problems created by the divorce in a manner which meets
  each spouse's reasonable needs. Each of you must be willing to negotiate
  solutions.
• Are willing to participate actively, using intelligence and creativity to
  solve problems.
• Do not seek retaliation or revenge.

What are the benefits of resolving matters collaboratively?

• Spend less money on attorney's fees and costs.
• Avoid the emotional toll of an adversarial divorce.
• Reach an agreement tailored to your needs.
• Establish a constructive relationship for co-parenting.