About Collaborative Practice

If you feel that you or your spouse cannot or do not want to mediate, you do not have to resort to litigation or lose control over the divorce process as in traditional attorney driven negotiated settlements. In these cases, Collaborative Practice may be appropriate for you.

The Collaborative Practice process begins with both parties retaining attorneys who have been trained in Collaborative Practice. The process continues with a series of four way meetings in which the parties and their attorneys discuss each party’s needs and interests, engage in full and complete disclosure of all income and assets, develop options for settlement and ultimately agree upon solutions to reach a mutual, comprehensive settlement. The parties have the benefit of a confidential relationship with his and her individual counsel who act as advocates but who also work in concert with the client, the other spouse, and the other attorney to reach mutual resolutions without any court intervention.

You may also choose a comprehensive team approach to Collaborative Practice. This means that you and your spouse may have divorce coaches to help you in your communications and approach to the process, a child specialist to speak to your children and help you to develop a parenting plan that works for your family, a neutral financial specialist who will help you to prepare your budgets and organize your financial information, all of whom provide their services at a more cost effective rate than your attorneys and who serve to facilitate the process so the four way meetings proceed in the best possible manner.

Whether it is an attorney only or team approach, the parties work together to reach a mutual agreement, and there is no need for a duplication of efforts. For example, the couple will agree upon one independent evaluator if there are assets which need to be valued rather than have each party hire an evaluator and you both agree on the values to be placed on your assets.

The most distinguishing feature of Collaborative Practice is that the parties agree not to go to Court during negotiations, and neither the party nor their attorneys can threaten to go to Court as a means to force a settlement. As an added inducement to reach a settlement, the attorneys cannot represent the parties in a litigation if a settlement is not reached, so both the attorneys and the parties have interests in making the Collaborative Process succeed.

By having both spouses fully participate in the Collaborative Process in reaching a mutual settlement in a safe and respectful environment, the parties and their children are able to move on from this painful time to the rest of their lives.

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Interdisciplinary Collaborative Team-Divorce

Sometimes it becomes apparent in the Collaborative process that the couples would benefit from working on their budgets or planning their future financial options with a financial planner. At other times, a couple may need help in improving their communication so they can co-parent more productively or may need some help in focusing on the issues that need to be addressed in the divorce. Perhaps the parties find that voice of the child is missing in the Collaborative sessions which was especially problematic when the parents had different ideas as to how their children felt about a particular issue.

To address these issues, Collaborative Law began to expand into Collaborative Practice and adopted an interdisciplinary approach where financial persons, therapists, and children’s therapists who took Mediation and Collaborative Practice training joined with attorneys in Collaborative Practice Groups.

In the Team Approach, clients can hear about the Collaborative Divorce process from any of the professionals, but it begins by the clients choosing their collaborative attorneys. They will then choose a collaborative coach for each party, a neutral financial person and a child specialist. The attorneys draft and explain the Collaborative Participation Agreement which contains the same pledges to work towards a mutual agreement in a respectful manner without going to Court. The clients will also sign a consent that the various professionals speak to each other in an open exchange of information, as well as retainers with each of the professionals.

Alternatively, the initial process can begin with just the attorneys and clients, and the other professionals are called in as needed.

The coaches help the parties through the process by teaching them how to communicate most effectively with their spouse both in and out of sessions. If there are minor children, the coaches work on the parenting agreement with the parties and the child specialist.

The neutral financial specialist meets with the parties to help them gather the financial information necessary to have an effective meeting with their attorneys. The financial specialist helps the parties and the attorneys understand the consequences and implications of certain options the parties propose for settlement.

The attorneys meet with the parties in a series of meetings to exchange information and express their needs and expectations. They discuss the issues which need to be addressed for a comprehensive settlement, brainstorm options and arrive at a mutual settlement that meets each party’s needs and goals. Typically, there is one meeting with the financial specialist. Coaches may attend meetings if the communication between the parties prohibits productive discussions between them.

While this process seem to be quite costly in that the parties must retain several professionals, it has proven to be cost effective in that other professionals are performing some of the tasks that attorneys had performed at a much higher rate. More importantly, the coaches provide valuable assistance to keep the process moving along and decrease the time attorneys spend at unproductive meetings if the clients are too angry or upset to effectively communicate their needs and discuss options for settlement.

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Frequently Asked Questions

Collaborative Practice FAQ
What Is the Difference Between Collaborative Law and Mediation?
Both Mediation and Collaborative Law are non-adversarial alternatives to obtain a divorce, but in Collaborative Law you will have your own attorney act as your advocate while in mediation you advocate for yourself directly with your spouse. This makes Collaborative Law more appropriate for people who feel they do not want to "be alone" with their spouse or feel they do not wish to speak to their spouse and advocate on their own behalf.

What Is the Difference Between Collaborative Law and Having Attorneys Negotiate a Settlement?
In Collaborative Law the attorneys are trained to help the parties reach their own resolution with a focus on defining mutual interests and resolving the issues in a way that meets the interests of both parties. In more traditional negotiations, the attorney will work to get the best possible deal for his or her client based upon the party’s (or the attorney’s) stated goal. That goal may not even meet the interest of the client, no less the other spouse or the family. Even in the friendliest of more traditional settlement negotiations, threats may be made and positions may be taken which make it more difficult for the parties to co–parent together after the divorce.

What If My Spouse Will Not Disclose Assets?
The Collaborative Law Agreement will provide that the parties must give full and complete financial disclosure. If your spouse refuses to do so, the Collaborative Process will have to end.

Do I Have To Get a New Lawyer If I Litigate?
Yes, you will need to begin the process with a new attorney. Because the policy requiring that the attorneys withdraw upon commencement of a litigation is one of the essential aspects of Collaborative Law, you must carefully consider this before deciding to use Collaborative Law to settle your case. If a settlement is not reached, you will incur the expense of new attorney, as will your spouse.

What Will Collaborative Law Cost?
As with any process involving negotiation, it is not possible to state with certainty what the fee will be. Each attorney will bill his or her client individually. Attorneys fees, as well as the fees of any evaluator, coaches or therapist, will be discussed and apportioned as you and your spouse agree.

Interdisciplinary Collaborative Team-Divorce FAQ
How Do We Choose the Team Members?
You can be introduced to the concept by any of the professionals, but it is suggested that the attorneys be retained early in the process. You can choose the other professionals who have been trained in the Interdisciplinary Approach through the website of the New York Association of Collaborative Professionals.

I Already Have a Therapist. Why Do I Need a Coach?
Coaching is not therapy. It is a very targeted, short term process where you can raise concerns about the process, such as talking to your spouse or your fears for the future. Your coach will address these concerns solely for the purpose of teaching you ways to deal with them and be able to effectively participate in meetings through using role plays or teaching you techniques you can use in the sessions to make you feel more comfortable.

Can’t My Child’s Therapist Speak for Her?
Since collaborative practice involves open sharing of information, it would be inappropriate for the child‘s therapist to be part of the process.

This Team Approach Seems like a Good Idea, but I’m Afraid it Would Be Too Costly?
It is difficult to address what might be “too costly". Certainly, the cost of litigation, both in emotional and financial terms is an enormous expense, as is hiring attorneys to perform jobs for which others are more qualified and can do at a lesser rate. The time wasted in four way sessions where clients continue to be “stuck” on divisiveness in spite of their attorneys best efforts to keep things moving along is also a wasteful expense.

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