Consider the Alternatives to a Negotiated or Collaborative Divorce:
When parties to a divorce cannot agree on the terms of settlement,
litigation becomes the final option. Divorce litigation involves
time and expense, is a solution that may cause bitterness, and often
appears at the end to one or both parties as having awarded unfair results.
This can be especially true when children or significant assets are involved.
More About Collaborative Divorce: |
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Although Collaborative Divorce comes in several models, it is distinguished
from traditional litigation by its inviolable core elements. These elements
are set out in a contractual commitment among the clients and their chosen
collaborative professionals to: |
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Negotiate a mutually acceptable settlement without using
court to decide any issues for the clients; |
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Engage in open communication and information sharing,
and create shared solutions that take into account the highest priorities of
both clients; and |
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Withdrawal of the professionals if either client goes to court. |
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The essence of Collaborative Divorce is to provide a new way for a
divorcing couple to work as a team with trained professionals to
resolve disputes respectfully without going to court. The term encompasses
all of the models that have been developed since Minnesota lawyer Stu Webb
created Collaborative Law model in the 1980s. This model is at the heart of all
of Collaborative Divorce. Each client has the support, protection and guidance
of his or her own lawyer. The clients with their lawyers and other professionals,
as needed, comprise the Collaborative Law component of Collaborative Divorce. |
