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About Collaborative Practice
Divorce may be inevitable, but the way you divorce isn't.
Going through a divorce doesn't automatically mean having to endure the turmoil that is often associated with
it. You now have another choice: Collaborative Practice developed as an alternative to “divorce as usual”, Collaborative Practice offers couples a humane
and solutions-based approach to ending a relationship. Collaborative Practice differs from conventional divorce in three important respects:
- The parties pledge in writing not to go to court.
- Face-to-face discussions between the spouses and their team lead to an agreement.
- A respectful, problem-solving approach, often with the assistance of trained financial experts, child specialists and divorce coaches, replaces the often adversarial process of conventional divorce.
What is Collaborative Practice?
Collaborative Practice is a conflict resolution method in which the participants focus their efforts
on reaching a mutually agreeable resolution. Professionals are retained during the collaborative
process for the sole purpose of assisting their clients in attaining this goal.
The client and professionals agree to work respectfully and in good faith to gather all information
needed to reach an agreement, including developing the interests of each client. The participants do
not engage in expensive legal procedures to obtain information. The clients and their collaborative
attorneys agree from the beginning that they will produce all necessary information and documents
voluntarily and in a timely fashion. Hiding documents or unnecessary delays are not permitted.
Non-legal professionals are usually retained as joint neutrals and work together with the participants
to define the scope of their assignment and to gather information.
The process typically includes various meetings at which the clients and professionals meet together
to discuss the issues, make any necessary interim arrangements, and to plan for information gathering
(not every professional will be present at every conference.) These conferences continue to be
utilized to exchange and clarify information and to brainstorm possible options for resolution.
The clients and the professionals focus on educating everyone regarding the underlying information,
each client's interests and possible solutions. Out of this process, a settlement which meets the
approval of all clients can be fashioned. Negotiations are based upon efforts to find options that
will serve the interests of all clients and other affected persons, and if applicable, create the
possibility for a positive continuing relationship.
The clients and their collaborative attorneys agree that they will not go to court during the time
they are working towards settlement. If the clients are unable to reach an agreement, the
collaborative attorneys and other professionals withdraw and litigation attorneys take the
dispute to court.
Collaborative practice started with one attorney in Minnesota in 1990 and has now spread across the
United States, Canada, and internationally. Although it has primarily developed in the field of
family law, efforts are now being made to move collaborative practice into other fields.
Collaborative practice started in El Dorado County in 2004 and is a multidisciplinary family law
practice group. If you are interested in contacting a collaborative professional, please see our
list of MEMBERS.
Is it for you?
Divorce is a highly personal matter, and no one approach is right for everyone. Many couples, however,
have found that Collaborative Practice is a welcome alternative to the potentially destructive
aspects of conventional divorce. To determine if Collaborative Practice is right for you, ask
yourself if these values are important:
- Maintaining an atmosphere of respect, even in the presence of disagreements.
- When the parties have children, prioritizing their needs.
- Listening objectively to your spouse's needs, fully expecting that your own needs will be given equal consideration.
- Working creatively and cooperatively to solve issues.
- Seeing beyond the frustration and pain of the present moment to plan for the future.
- Behaving in an ethical manner toward your spouse.
- Keeping control of the divorce process with you and your spouse, and not relegating it to the court system.
If you can affirm these basic principles, it is likely that Collaborative Practice would be a viable
option for you. Talk to a Collaborative professional for a more in-depth determination based on your
individual situation.
The advantages of being Collaborative
Designed as an alternative to conventional divorce, Collaborative Practice offers many distinct advantages:
- You keep control of the process yourselves, without going to court.
- Children's needs are given priority.
- You and your partner commit to reaching agreement through a problem-solving approach.
- An atmosphere of respect preserves self esteem.
- Open communication allows both of you to express your needs for moving forward and gives you new tools for effective problem-solving in the future.
- There is full disclosure of facts and information.
- Face-to-face meetings in the presence of lawyers make negotiations direct and efficient and allow for mutually created resolutions.
- The Collaborative process helps both of you plan for your own future and that of your children, and to begin new lives for all of you.
Philosophy
Something everyone should agree on: respect.
It is simply a fact that about half of all marriages end in divorce, and countless non-marital relationships fail,
too. But the emotional devastation that often accompanies the loss of a relationship doesn't have to
be a fact as well. That is the thinking behind Collaborative Practice.
Long-sought by divorcing individuals and other concerned professionals who assist them, Collaborative
Practice is the alternative to “divorce as usual”. It is designed to minimize the hurt, the loss of
self esteem, the anger and alienation that occur too frequently with divorce.
The Collaborative philosophy is built on a belief in human dignity and respect. Individuals may cease
being partners, but they don't cease being worthy human beings. Every part of Collaborative
Practice—from open communications to solutions-based negotiation to out-of-court settlement—is
intended to foster respect. When respect is given and received, self esteem is likely to be preserved,
making discussions more productive and an agreement more easily reached.
The end of a marriage or relationship is tragic enough. Collaborative Practice believes that the
process of divorcing shouldn't add to the pain, but rather help the spouses and children foresee a
hopeful future.
How it works
- Negotiate a mutually acceptable settlement without using court to decide any issues for the clients
- Withdrawal of the professionals if either client goes to court
- Engage in open communication and information sharing, and
- Create shared solutions that take into account the highest priorities of both clients.
Collaborative Practice offers the clients the opportunity to use specially trained professionals
from different areas of expertise to help them solve their problems. The team is carefully selected
to meet the needs of the particular clients and their specific matter. Selected use of specialists
creates better results and avoids costly mistakes.
The clients work with the team to carefully tailor the scope and nature of the work to assure efficient use of
clients' time and funds. For example, professionals only attend meetings requiring their expertise.
The process typically includes various meetings at which the clients and professionals meet together
to discuss the issues, make any necessary interim arrangements, and to plan for information gathering.
These conferences are scheduled to exchange and clarify information and to brainstorm possible
options for resolution. The clients and the professionals focus on clarifying each client's needs and
interests and developing possible solutions based on the information each client has provided. The
process allows fashioning of a settlement that meets the approval of all clients. Negotiations are
based upon efforts to find options that serve the interests of all clients and other affected persons,
and if applicable, create the possibility for a positive continuing relationship.
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