Collaborative Practice

Healing your past, building your future

There are many types of criminal and civil proceedings where the one or both parties need to have his or her "day in court."

In family law, however, divorce is about two people who have built a life together but who now need to go through a painful separation.

A procedure that spares a couple – and, if they are involved, their children – the confrontational approach of litigation can avoid creating new emotional scars and exacerbating the bitterness that is often unavoidable in such a separation. Litigation can be stressful, very expensive, and often results in a judgment that seems impersonal at best and sometimes frightfully arbitrary.

Collaborative practice starts with a commitment by the parties to use their best efforts to reach an out-of-court settlement. Each party retains his or her own collaboratively trained attorney and together, they craft interest – based solutions through a respectful, positive process. In addition, each party has the option to call on other trained professionals. These other professionals may include collaboratively trained mental health professionals, who help the parties to cope with the anger and bitterness that can accompany this process and to keep the focus on what is best for the future. And, when desirable, a neutral financial expert can join the process to deal with financial issues or a child specialist may be brought in to provide feedback on how the children are coping with the divorce. The support of this "team" is a unique aspect of collaborative practice.

Collaborative practice is a new form of alternative dispute resolution that has evolved, in part, in response to the rapid escalation in costs incurred in traditional litigation and the delays and uncertainties resulting from an overburdened court system. Collaborative practice allows a couple to retain control of their own future, resolving the issues arising out of their separation outside of the courtroom. It has proven to be especially helpful in family matters because of the sensitive emotional issues involved.