COLLABORATIVE DIVORCE
What Is Collaborative Law Divorce?
The Collaborative Law process can be used for divorcing couples, those seeking legal separation, or seeking to resolve other family law disputes. It is a unique fusion of the best aspects of Mediation with the best aspects of a traditional litigation process. As in Mediation, a Collaborative Law process incorporates interest based bargaining, rather than positional approaches and arbitrariness. Collaborative Law can significantly lower the cost of divorce. Collaborative Law provides for each of the parties to have their attorney by their side at every step of the process--They are each represented by an experienced family law attorney who has been trained in the collaborative method, to assist and to keep the process on track. In a Collaborative law process, the parties retain control over the outcome. In other words, the couple, rather than the court, chooses what is right for their family's future.
What is the Collaborative Agreement or “Disqualification” Agreement?
The Collaborative Agreement, also called a “Disqualification” Agreement, is the centerpiece of the Collaborative Divorce Model. It is essential for the parties and their attorneys to fully commit to the goal of settlement. The Disqualification Agreement provides that the Collaborative Attorneys are hired strictly to settle the case, and further that both lawyers must be “fired” from the case if it should end up going to court.
What Are the Roots of Collaborative Law Divorce?
Attorney Stu Webb of Minnesota first developed the idea and methods of Collaborative Practice in the late 1980's in Minnesota. He is the founder of the movement. Attorney and Author, Pauline Tesler practices Family Law in the Bay Area of California and her contributions to the body of knowledge on Collaborative law, especially with regard to interdisciplinary practice, have been extensive.
Will there still have to be a filing in Court in a Mediated or Collaborative Divorce?
Yes, no matter how you choose to "process your divorce in California, there must be a Summons and Petition filed with the court to create a "case" and to commence the legal proceedings. The Collaborative Attorneys usually handle all of the legal procedural details for their clients.
What's the difference between Collaborative Divorce and Traditional Divorce?
The Key difference between Collaborative Law Divorce and a traditional divorce case is that, the Collaborative Law Divorce begins with the four people (Wife, Husband, Wife’s Lawyer, and Husband’s Lawyer) making the commitment to settle the case without going to court. In fact, they all sign an overarching agreement to the effect that if the case cannot settle, the attorneys will be fired if the case is going to be litigated. (See Disqualification Agreement above.)
How Does Collaborative Law Divorce Work?
In Collaborative Law Divorce, the lawyers are hired specifically to settle the case. In this way, the Collaborative lawyers put their best efforts into settlement of the case at all times. Simply put, the lawyers do not have to “speak out of both sides of their mouths” just in case the case “turns into” a litigated case. They do not have to be working on settlement, while also developing a “war chest.”
Unlike litigation, the Collaborative Law Divorce case progresses through communication, most often in “four-way” meetings and conference calls with the parties and their attorneys, rather than through letters, pleadings and court appearances. There is no need for pleadings, other than those that first establish the case, nor is there time spent preparing for and being present in court. All of this means savings for the clients.
In the Collaborative Process, the parties must commit to being honest and forthcoming with information to move the process along. The parties benefit from the experience and wisdom of two lawyers. Each party has their own advocate. Yet they do not incur the often exorbitant expenses that arise when parties “fight it out in court.”
But, Why Not Just Go to Court?
Often people end up in court battling over “small stuff.” We have found that, in litigated cases, all too often Parties express some of their emotional agendas or “baggage” through the court litigation process. After all, divorce can be a very painful passage.
In Collaborative Law, the goal is to make the divorce passage less painful. Communication is fostered during every step of the Collaborative Law Process. Professional mental health "Coaches" can provide support and guidance.
As previously mentioned, the underlying Collaborative Agreement commits the parties to a "no court process" It states that the lawyers are hired to settle the case only.
What is the Cost of Collaborative Divorce?
In Collaborative Family Law Cases, just as in Mediation cases, divorce costs are greatly reduced, both emotional costs as well as monetary costs. (The Wall Street Journal reported in June 2008 that the average Collaborative Law divorce was less than 1/3 the cost of the average litigated case.)
What do the Judges Say about Collaborative Family Law?
Courts have long encouraged lawyers to settle their cases, if possible, knowing parties tend to be more satisfied with “out-of-court” settlements. they are more "durable," requiring fewer requests for modifications. And, in most cases (litigated or not) a good part of the case, if not the entire case will settle. The sad part about a settlement in a litigated divorce, when entered on the “eve before trial,” is that the parties often have spent their hard earned money on the “battle.” Things may have been written in pleadings and said “on the record” during posturing to “win the fight.” This battling takes a toll and, all to frequently, it is the children who feel the “fallout" and suffer. Those are cases where families have to recover from the effects of the divorce---After such a battle, it can take years. On the other hand, Collaborative Divorce clients are ready to begin their new lives without the side effects from a litigated divorce.
Judges in both Los Angeles County and Ventura County have been outspoken about alternative dispute resolution (“ADR”) , including Collaborative Law..
Email: ellen@hirvelalaw.com
Phone: (805) 482-9340
Member State Bar of California, Ventura County Bar Association
Member Coalition for Collaborative Divorce
Member International Academy of Collaborative Professionals
FAQ's
VENTURA COUNTY DIVORCE MEDIATOR
COLLABORATIVE ATTORNEY
"Divorce Without Court" lowers your costs and lessens your stress.
(805) 482-9340
Ellen Hirvela Russell
