Philosophy
Collaborative law is based on the premise that everyone benefits when clients and their attorneys are free from adversarial posturing and threats of litigation. Attorneys are able to draw upon their analytical and creative problem-solving skills to maximize the benefits to their clients. Clients are therefore more likely to construct sensible and fair resolutions in an atmosphere that is open, respectful and free of intimidation.

Process
Open communication, information-sharing, and collaborative agenda planning by clients and attorneys are essential ingredients of a collaborative divorce. The process integrates a combination of individual meetings between client and attorney, discussions between the attorneys, and four-way conferences. The particular format in each case depends on the needs and communication styles of the clients. In the absence of litigation, transparency and full sharing of financial and other information is critical to the integrity and durability of collaborative agreements.

No Litigation
Before any substantive discussions can take place, clients and their attorneys must sign a Participation Agreement in which all four people agree not to resort to litigation in any form or at any time during the collaborative process. This agreement is a vital part of creating the momentum and commitment to resolution outside of court. If it is determined at some point that a resolution is not possible, both attorneys are required to terminate their representation.

Save Time and Money
The prohibition on court-based procedures saves time and money in several respects: litigation-oriented documents such as motions, affidavits and briefs are not required; taking of depositions and preparing for trial is spared; there is no battle of opposing financial or child development experts, since neutrals are used; and finally, the timing, scheduling and pace of meetings remains within your control rather than that of the court's calendar. The positive energy thus generated allows all involved to focus time and energy on resolution instead of wasting time on threats, counter-threats and procedural or psychological strategies.

Document Preparation
The collaborative process generally culminates in a written Settlement Agreement or Separation Agreement which is prepared by the attorneys, who can also prepare uncontested divorce papers.

Uncontested divorce
Depending on the facts and circumstances, you and your spouse may be able to proceed with an uncontested divorce without first entering into a meditation or collaborative law process. This option is generally appropriate only when (1) there are no children; (2) there are no marital assets to divide; (3) there are no spousal support obligations; and, (4) grounds for divorce are satisfied.

More information
Please visit www.collaborativelawny.com for more information.