Collaborative Law: A New Approach to Divorce

Not every divorce is a contentious battle in court. Some couples understand that they're better apart than together and take steps to resolve all their disputes in a calm manner. These divorcing couples have a chance to use alternative methods to traditional courtroom proceedings. While mediation and arbitration have been around for a long time, there's a new process called collaborative law that might be a good option.

Basics of Collaborative Law

In 1990, a divorce lawyer named Stu Webb became frustrated with the court system. It took a long time to reach agreements and there were many road blocks in the court system with which he didn't agree. Instead of filing court documents and taking the process to court, he started taking clients that

All four individuals will sign an agreement that supports the concept of communication and honesty in the proceedings. It'll also state their promise not to file court proceedings in the future. If the process does fail and the couple decides on court, the legal representatives of the collaborative process won't be involved in the lawsuit.

A contentious divorce pits one side against the other. The settlement process can be long and arduous since neither side wants to concede an inch on any particular point of the bargaining. In the collaborative process, the spouses' needs are evaluated based on their future interests as well as the interest's of the children that might be involved.

This process starts out with everyone having the best intentions, but it might break down as the couples struggle. A neutral counselor can be brought in to ensure that the meetings can be kept as calm as possible. In the marriage, one spouse might have been left with no decision-making power. The counselor can couch this spouse to speak without reservation during the

The goal of collaborative law is to reach an agreement for the divorce that will leave both parties satisfied with the dissolution of the marriage. Many divorces cause bitter regret and dissatisfaction that can color their interactions in the future. If the couple has children, that can cause serious issues in the relationship in the future. There are other benefits to the process aside from less bitterness. (-- removed HTML --) (-- removed HTML --) The proceedings are private. Courtroom proceedings are out in the public for everyone to hear. (-- removed HTML --) (-- removed HTML --) Problems are addressed in a calm way that can lead to a better future for all. (-- removed HTML --) (-- removed HTML --) A judge can't resolve matters creatively, but it can be done by the couples in a collaborative environment. (-- removed HTML --) (-- removed HTML --) The process is streamlined and professional while giving the divorcing spouses a voice in what happens next. (-- removed HTML --) (-- removed HTML --)

The Process and Steps

Since most couples don't know about the process, they don't know what happens during a streamlined collaborative law proceeding. The couple will hire a lawyer to represent them. This lawyer should be practicing collaborative law. Proper lawyers are usually members of the New York Association of Collaborative