Collaborative Law

Collaborative law is a relatively new concept used by people who wish to resolve their disputes without a contested court hearing. Collaborative law can be used in divorces and in other types of disputes.

Under principles of collaborative law, the parties hire attorneys on the understanding that the attorneys can only be used to help settle the dispute. The parties and their attorneys work together as a team to gather and share information and to reach a settlement that they all think meets the parties’ needs, or is at least a settlement they can live with. The parties agree that in the event their case does not settle, they will have to hire new attorneys to handle a trial. Collaborative law usually is a (comparatively) peaceful and less costly way to resolve a dispute. If a settlement is not reached, however, there will be added costs for hiring new attorneys and putting on a trial.

Depending on the desires of the attorneys and the parties, collaborative law may utilize experts or consultants in addition to attorneys to help resolve the case. The experts or consultants may include: (1) “coaches” who are mental health professionals to help the parties sort through their emotions and be ready to engage in effective negotiations; (2) financial specialists to gather information about the parties’ finances, place values on property, and assist in future financial planning; and (3) child specialists to talk to the child to determine the child’s needs and help the parties develop a parenting plan.

Before entering into a collaborative law agreement, the parties should have a reasonable amount of trust in each other and believe that the other side will work in good faith to resolve the issues without a trial. Deciding to use collaborative law is a way of demonstrating commitment to handling a case in a cooperative way. Collaborative law provides a structure that may result in an efficient settlement as well as development of the parties’ problem-solving skills--if the parties are ready to negotiate in good faith.