Collaborative Divorce provides an experience where clients control the
outcome of their divorce in a supported process where specially-trained lawyers
provide the needed structure to help reach resolution. In a Collaborative Divorce, the clients' highest goals and interests are in the
forefront of consideration to help guide the outcome. In other words, divorcing and separating
couples arrive at their own resolutions based on the factors that are most important to
themselves. It is a process that preserves (and even sometimes enhances)
relationships with former spouses/partners, increasing the likelihood of better co-parenting,
and allowing you to transition to a new phase of your life in a manner that may
be more consistent with your values and dignity.
Collaborative Divorce is effective and provides an excellent cost-benefit
for clients by
helping to ensure that decisions are carefully thought through and in alignment
with their goals, but without the creating unnecessary new confrontational
conflicts. It is a process that respects the financial, legal, and
emotional parts of a divorce or separation. While not inexpensive, Collaborative
Divorce can be more cost-effective than conventional representation because spouses receive the support and learn the
information necessary to resolve significant disputes without incurring the
expense (both to pocket books and relationships) of less efficient adversarial methods.
Most importantly, Collaborative Divorce is structured to allow for the possibility a divorce of a
substantially higher quality (especially with
regards to having closure on the past and preparation for the future) than most
any other process.
To ensure that the attorneys are fully and solely aligned with the clients'
goals of seeking resolution, Collaborative Divorce attorneys are disqualified
from representing their clients in court in any adversarial process. As a
consequence, the attorneys can only advocate for a settlement -- for an
agreement. Because going to court to get a decision is no
longer an option, many Collaborative Divorce attorneys invest
substantial time and effort to learn
new and additional negotiation and settlement skills that truly makes them “settlement
specialists” to a degree unknown to most adversarial lawyers. The disqualification provision in a Collaborative Divorce
helps provide comfort that the proceedings are and will truly remain as
confidential as possible, and gives a freedom to be candid because neither attorney can
use any information in any adversarial proceeding. The
disqualification provision therefore provides significant advantages for those
who are seeking to reach a negotiated divorce resolution instead of a litigated
one. The primary disadvantage from the disqualification provision is that in the unlikely event the
Collaborative Divorcee process terminates before a final settlement is reached, then all clients need to retain new
attorneys. With about 90% of Collaborative cases resulting in settlement within
the process, many divorcing couples feel that the advantages of the disqualification provision outweigh the disadvantage; many
find they are even excited about working with lawyers who will not litigate and
who instead focus only on a problem-solving approach.
The measure of success in Collaborative divorce cases is achieving a
resolution that is as durable as the circumstances will allow. Achieving a
durable resolution instead of a temporary cease-fire requires that both parties
not only accept the settlement when it is made, but also continue to accept it
thereafter. While every divorce, no matter the process, results in binding
documents at the end, the goal in a Collaborative Divorce is to reach binding
settlement agreements that do not require future enforcement with the courts. Achieving that decree of durability requires a different way of
negotiating, and a
Collaborative Divorce attorney needs substantial additional training, experience,
and skill
to be able to routinely assist clients who are interested in that type of
outcome. A durable resolution is in everyone's best interest because it
reduces the likelihood for the need for future legal services and leaves both parties better equipped for their futures,
including a better ability to co-parent children and to productively resolve
future disputes. Achieving such a durable outcome requires negotiations
with a high degree of integrity and in good faith, with full disclosure of all
information, and complete consideration of all concerns.
Resolving disputes means that disputes need to be identified and discussed
from a place where the discussion can be productive. Collaborative Family Law does not sidestep known issues or
disputes. When issues and disputes are not addressed, they also are generally
not resolved. A key skill of Collaborative Law practitioners is to help parties
discover their highest interests, priorities and goals, and to use those
interests, priorities, and goals as a guiding light towards resolution. Those
interests, priorities, and goals are discussed in a safe and respectful
environment with full transparency of the facts.
To arrive at a truly durable and
long-term solution, everyone's priorities and goals need to be openly
yet safely be considered and discussed. Therefore, a Collaborative divorce
lawyer will not
make arguments for you in an adversarial manner, but will advocate for you
in a different manner. The lawyers help guide the parties to a mutually satisfying
outcome; instead of attempting to make arguments to “win” at the expense of one
party, the lawyer helps ensure that both parties’ needs are truly met so that
the agreement can be durable. While perhaps paradoxical, both parties are effectively partners in creating an agreement that is durable for both.
Collaborative Divorce cases normally involve a series of face-to-face meetings that
are facilitated by the attorneys and other professionals.
The initial steps involve starting the
process, identifying each person's interests and goals, exchanging necessary
information, and learning about each individual's and children's future needs
and concerns. After receiving appropriate legal, tax, and other information
necessary to make fully informed decisions, the parties brainstorm options and
co-create their resolution. The core of the process normally consists of three sequential
stages:
(1) Sharing and learning all relevant factual and legal information
(education) -- sometimes called the "Information Gathering Stage";
(2) Identifying interests and concerns, and brainstorming options -- the
"Option Generating Stage"; and
(3) Co-creating a resolution -- the "Agreement Stage."
By proceeding through these stages in an orderly fashion, important pieces
are not overlooked and the likelihood of reaching a durable agreement is
enhanced.
The Participation Agreement is the document that formalizes the Collaborative
Divorce process. It is signed by the clients and attorneys at the beginning of a
Collaborative divorce and provides many protections to ensure the integrity of the
process. For example, both spouses agree to provide all information and
documents that could impact the outcome of the divorce. The agreement includes
other protections for all, including standards of behavior and a requirement
that everyone provides complete information. For a sample of what a
Participation Agreement might look like, click
HERE.
Collaborative Law attorneys have all the knowledge and drafting skills of conventional attorneys.
Additionally, to be effective in the process, attorneys who practice Collaborative Law have undergone additional education to learn
the necessary protocols and skills for the
Collaborative Law process. The skills include learning how to productively facilitate difficult conversations, and
to understand and provide the necessary structure to help people who have
conflicts reach resolution. To work effectively in this model, lawyers need to learn how to
productively confront rather than avoid conflict, need to learn how to
deploy interventions that allow the parties to productively discuss the issues
that cause conflict. These additional skills are not yet taught on a widespread
basis in law schools, nor part of the hands-on experience attorneys normally
receive.
The Collaborative Law process is a team approach towards problem-solving.
Regardless of the composition of any particular team, the process requires
effective cooperation in service of the goal of reaching a resolution. To provide a fully supported environment, an
interdisciplinary Collaborative Divorce professional team is
often recommended.
The
professional team usually consists of a financial specialist, one or two
divorce/communications coach(es), and a child specialist. The purpose for a
professional team is to provide the highest level of service in
the most cost-effective manner. The professional with the greatest expertise provides services within that professional's expertise. In addition
to significant substantive background in their areas, all team members also need to
be trained in Collaborative Divorce and mediation. By working together as a cohesive team, the value
provided to the clients can be greater than the sum of the parts. More
information about the professional team is on our The
Collaborative Team page.
All team members work together in a cohesive manner to provide the best
possible support for clients, and the highest quality of service.
Collaborative Divorce proceedings are confidential, to ensure that all
options can be safely considered and discussed. To help protect confidentiality further, you will never see the attorney for your spouse making an argument against you in court.
We were thrilled to learn that Liz, one of our former clients, recently discussed her experience
of Collaborative Divorce in an article in
Seattle Woman Magazine. To read the article, click
HERE.
If you are interested in learning more about the Collaborative Divorce
process, contact the Law Office of J. Mark Weiss, P.S., at (206) 622-6707
or by clicking
HERE and providing your name, phone number, and a convenient time for us
to call you.
There are several excellent books available on Collaborative Divorce, listed on the
Recommended Reading page of this site, and
which are widely available from booksellers. The links below provide additional
information from other sources:
American Bar Association Handbook
for Clients concerning Collaborative Divorce. (PDF format)
IACP Collaborative Practice
Knowledge Kit (PDF format)
International Academy of
Collaborative Professionals (External link that includes a directory
of Collaborative Law professionals)
King County Collaborative Law
(External link that includes a directory of Collaborative Law professionals)
For a video clip from NBC's The Today Show on Collaborative Divorce,
discussing it from the clients' and attorneys' perspectives, click here:
'The
Today Show' clip on Collaborative Divorce
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Collaborative Divorce