Collaborative Lawyers of Alamada and Contra Costa

WHAT IS COLLABORATIVE LAW?

Collaborative Law, also known as Collaborative Divorce or Collaborative Practice, is a new way in which a divorcing couple, together with trained professionals, works as a team to resolve disputes respectfully, without going to court.

Collaborative practice includes these key elements: the voluntary and free exchange of information; the pledge not to litigate, and the commitment to resolutions that respect the parties' shared goals.

WHAT IS THE COLLABORATIVE TEAM?

The collaborative team uses a number of professionals from different disciplines to assist in dispute resolution. The team includes attorneys, coaches, a financial specialist, and when there are minor children, a child specialist working together. Professionals on the team subscribe to the same core values and shared beliefs, consistent with the IACP ethical guidelines that no team member will be involved in a court process concerning a shared case, and all members will withdraw from the case if it becomes a court process.

Team members are selected at the beginning of the case. The team may include the clients; two collaborative lawyers, one for each partner; two divorce coaches, one for each partner; a child specialist who represents the voice of the child or children; and one neutral financial specialist. Many teams share a common participation agreement which the clients sign first with their attorneys.

Divorce coaches work with the divorcing couple to enhance their communication skills and to learn self management and negotiation skills.

When they first meet with their divorce coaches, the couple works on acquiring the skills and knowledge they will need to have successful four-way meetings with their coaches and with their lawyers. During these meetings, the couple learns how to communicate their concerns effectively and discuss options for their parenting plan. These four-way meetings are not only crucial in helping the couple to work with the rest of the team during the divorce process, but can assist them in improving their co-parenting relationship as well.

During this process, the child specialist talks with the parents and meets with the child to assess the child's needs and concerns. The child specialist also assists the parents in recognizing and meeting the developmental needs of the child, while providing the child a voice in the divorce process. The child specialist works with the coaches and the parents in making informed decisions to help their child. This information that the child specialist provides is essential not only for parents, but for the entire team as well.

With the information received from the child specialist, the couple, with the help of their coaches, will craft the parenting plan which is then part of their final divorce settlement.

The neutral financial specialist meets with the divorcing couple and helps them begin their dialogue around financial issues, while assisting them in gathering all the necessary financial information. The financial specialist works closely with the couple and their lawyers in understanding both present and future financial consequences of various possible settlement options. Often this information is presented in a five-way meeting with the financial specialist, the lawyers, and the couple where the options are discussed. Then the couple, and attorneys craft their financial settlement.

This integrated model provides the couple with the services they need from the professional most qualified to address the complex issues of divorce. Working together, these collaborative professionals help divorcing couples achieve an outcome that might not be possible without this cooperative team involvement.

WHAT IS THE DIFFERENCE BETWEEN COLLABORATIVE LAW
AND MEDIATION?

Collaborative practice and mediation are both considered as alternative dispute resolution processes. They are both alternating to going to court.

In mediation, one "neutral" professional helps disputing parties try to reach an agreement. However, the mediator cannot give legal advice or advocate on behalf of either party.

Some mediations do work with consulting attorneys. However, others do not work closely with attorneys and may recommend that the parties do not seek ongoing professional advice about legal rights and settlement options. Their clients may not have access to immediate legal advice as they make decisions in that process.

Collaborative practitioners work together to protect the rights of each party while keeping the same commitment to settlement. Each side has professional legal advice and advocacy available at all times during the process. When particularly difficult issues arise, attorneys help keep the process focused on finding a mutually agreeable resolution rather than "winning" or "losing" the point.

In mediation, if there are lawyers for the parties, they may or may not be present at the mediation sessions. If they are not present, the parties consult their counsel between medication sessions. Once an agreement is reached, a draft of the settlement terms is usually prepared by the mediator for review and editing by the parties and counsel.

Collaborative Law was designed to allow clients to have their lawyers with them during the negotiation process, while maintaining the same commitment to settlement. It is the job of the lawyers to work with their own clients and one another to assure that the process stays balanced, positive and productive. Once an collaborative agreement is reached, it is drafted by the lawyers and reviewed and edited by both lawyers and the parties, until both parties are satisfied with the document.

If an agreement is not reached, the collaborative lawyers and other professional team members are disqualified from participating in litigation.

WHAT IS THE DIFFERENCE BETWEEN COLLABORATIVE PRACTICE
AND CONVENTIONAL DIVORCE?

In conventional divorce, one spouse sues the other for divorce and sets in motion a series of legal steps. These eventually result in a resolution achieved with the involvement of the court. Unfortunately, spouses going through a conventional litigated divorce can come to view each other as adversaries, and their divorce as a battleground. The ensuing conflicts can take an immense toll on the emotions of all the participants, especially the children. Litigation often results in a loss of control over the process for the parties.

Collaborative Practice, by definition, is a non-adversarial approach to divorce. The spouses-and their lawyers-pledge in writing not to go to court. They negotiate in good faith, and achieve a mutually-agreed upon settlement outside of court. The cooperative nature of Collaborative Practice can greatly ease the emotional strain caused by the breakup of a relationship, protect the well-being of children, and give the parties more control over their own outcome.