Advantages of Collaborative Law

Collaborative law is mediation on steroids. It is the newest approach to reaching an uncontested divorce. While both mediation and collaborative law are considered forms of Alternative Dispute Resolution (as opposed to resolving a dispute in a courtroom) and both have the advantage of being less contentious and faster than a contested court case, there are some differences. Unlike mediation where the two parties work with a single neutral (a mediator), the collaborative process involves a team of professionals who work together with the parties in an effort to arrive at creative solutions that work best for all family members. While mediation can be done with or without attorneys, the collaborative law team consists of an attorney for each party, a neutral coach who acts as the coordinator and may investigate issues of custody and parenting time, and a financial neutral who can assist with child support, alimony, division of assets and debts and make recommendations as to tax matters. Ultimately the parties enter into a written agreement a court can find to be fair and reasonable.

Individuals who shy away from mediation often do so because, while a mediator can help the parties brainstorm various scenarios in arriving at their own solutions, he or she cannot give legal advice to either party. In a collaborative setting, while it is less contentious than litigating in a courtroom, the attorneys offer advice and advocate on behalf of their respective clients. If the collaborative process does break down, both attorneys are prohibited from becoming involved in subsequent litigation, so participants feel secure in the knowledge that information an attorney gains during negotiations will remain confidential.

Both mediation and collaborative law are good choices. We recommend Alternative Dispute Resolution whenever possible. Whether you choose mediation or collaborative law, you are still making the choice to resolve your divorce cooperatively rather than fighting it out in front of a judge.

Cost of Choosing the Collaborative Process

The cost of the collaborative solution is much less expensive than litigation, although sometimes a bit more costly than mediation. However, if the team works quickly and efficiently, each party can complete the process knowing they have had four professionals look carefully at their finances, their plans for their children and their ultimate resolution and can rest assured the solution they have reached is the best possible for their family.