The collaborative process is a team-based process designed to help parties resolve divorce and other matters outside of the court setting. The only time the parties would go to court is when they have crafted an agreement for the Court approval.
The collaborative process begins after both parties have hired collaborative attorneys. Collaborative attorneys are specially trained attorneys. You can find a list of collaborative attorneys here to find out more. The agreement between you and attorney will specifically state that your attorney is working with you outside of the court process and will not litigate the matter if the parties fail to reach an agreement.
Once the parties have hired collaborative attorneys and decide what other professionals should be a part of the team, all of the team members sign a participatory agreement committing to resolve all issues through negotiation, and mutual cooperation rather than litigation.
The collaborative team then works together to gather and exchange information, including financial documents, assets, debts, income, business interests, property and other relevant information to your matter.
A series of meetings is then scheduled on Zoom or in person if needed to discuss goals, interests and concerns. Each of these meetings has an agreed Agenda and follow up notes so each of the participants can see what information they may need to obtain and review current proposals. A collaborative coach is usually hired to help move the process along and help manage communication and emotions during difficult conversations. The collaborative coach is typically a therapist or a person with a counseling background.
The parties also meet with their attorneys before and after meetings as needed and requested to help each of the party identify their goals and more effectively communicate during meetings.
Throughout the process, the parties remain in control of the decisions affecting their lives and their future. Rather than a judge imposing solutions, the collaborative process encourages creative problem-solving and agreements that reflect the family’s goals. Meetings continue until all the issues have been resolved and an agreement has been reached.
Once an agreement has been reached, the attorneys prepare the documents for court approval. In most cases this is limited to the court reviewing and approving the Agreement.