What is Collaborative Practice?
A cooperative approach to resolve conflicts with good-faith, interest-based negotiations. The separating couple, together with a team of advocates, comprised of attorneys, coaches, financial and child specialists when needed, participates to fashion a settlement that “fits” their needs. Unlike the adversarial model of resolution, this problem-solving framework lays the foundation for future, constructive dialogues between the individuals.
How Does the Collaborative Process Work?
The participants and their respective attorneys work together in four-way meetings to craft the best possible outcome for everyone involved. For the duration of the collaborative process the participants pledge not to go to court. Each party is encouraged to recognize not only his or her own needs and interests, but also those of the other person. When children are involved, their needs and interests are considered.
Why is the Collaborative Process Beneficial?
More Empowering. Participants work toward improving communication, building more constructive relationships (if desired), and maintaining more control over the process.
Maintains Privacy. The collaborative process occurs in a private office rather than a public setting, keeping emotional and financial issues safe and private.
Protects Children. Minimizes the children’s potential trauma resulting from the re-structuring of their family by keeping the children's best interests in the forefront of all negotiations, and keeping families out of the court system.
Avoids Legal Inequities. Frequently, the law does not protect LGBTQ families and relationships. This process encourages creative solutions that serve the needs of the participants, even when these resolutions are not necessarily what the law would mandate. By focusing on the actual needs and desires of the parties, the potential for uncertain or unjust legal outcomes is eliminated
Saves Time and Money. The collaborative approach promotes efficiency and productivity, because the participants, not the courts, drive the process.