A collaborative law process refers to an approach to the legal issues surrounding divorce. In this approach couples that have decided to separate or dissolve their marriage work with a range of related professionals that have been trained in applying a collaborative approach to the legal issues surrounding divorce. These can include lawyers, relationship therapists and financial professionals all of whom aim to help couples avoid the uncertain outcomes of going to court and rather achieve a settlement between themselves that is fairer to both parties and their families.
The collaborative law process is voluntary and commences when couples sign a participation agreement, or contract, that is binding on both to accept the results of the process and which disqualifies either parties’ lawyers right to represent either of the participants in any future litigation. The process can be used to resolve a range of family disputes including various types of family issues as well as pre and post nuptial contracts; in the latter couples prefer a collaborative approach since it is not designed to be oppositional but rather a method that is consensual and based on mutual agreement of the couple.
Couples using a collaborative approach are helped through the process by a coach or facilitator that is assigned to them and helps both parties to communicate their goals and desires. They are also assisted by a financial adviser that is trained specifically in the issues relating to divorce and that can clearly set out financial options to both parties and to explain the realities of what they can expect in a settlement. The coach o r facilitator meets both parties in the dispute and attends all of their joint meetings as an impartial observer. Where children are part of the dispute, coaches can also assist with any parenting issues that may result from their dispute.
This approach to family conflict resolution was created by a family lawyer in Minnesota in 1990 called Stuart Webb who had seen that traditional approaches to divorce in an adversarial system was not serving the interests of the parties in the divorce or their families. The success of the collaborative law process has meant that it has spread to most states in the US as well as to Europe, Australia and Canada. It is estimated that more than 22,000 lawyers worldwide have been trained in the technique. In some locations this method has become the most used approach for resolving issues that occur in divorces, co-habitation and other family law issues.
