What is the Collaborative process?
It is a process in which individuals involved in a Dissolution of Marriage or other Family Law matter work with collaboratively trained professionals, including attorneys, mental health therapists, or PhD Psychologists or Therapists, and Financial Planners or CPAs as part of a team to resolve issues amicably and provide fair and agreed upon solutions without going through the Litigation process and Court. The Parties and their Attorneys agree to stay in the collaborative process without going to Court to achieve a mutually beneficial result.
The Collaborative Process considers each person’s goals and approaches these goals with an open and trustworthy process to move toward a positive outcome fulfilling the goals of each party. Utilizing neutrals like mental health therapists or PhD Psychologists, financial professionals, vocational counselors, etc., the unique team of professionals are gathered to provide families with the professional resources to meet the Parties’ goals and help families prepare for future success.
What distinguishes the Collaborative Process from other methods of resolving divorce?
Each party receives the advice & guidance of their own personal attorney through the entire process while also having a customized team of neutral professionals addressing psychological, emotional, and financial issues each family faces. The Collaborative Process promotes goal setting and problem-solving to obtain durable agreements, provide security and privacy, and less conflict during the process and in the future. Collaborative Divorce provides an opportunity to build the trust and communication skills a couple will need post-divorce, which is in the best interest of the children.
What are the key benefits of the Collaborative Process?
- Allows a professional team to assist in working toward resolution of both parties’ goals in an non- adversarial manner.
- Potentially less expensive and time consuming.
- The Parties have more control over of the outcome.
- Reduces opposition and hostility between parties.
- Minimizes future conflict.
- Provides new tools for valuable problem-solving that can be used in a positive way for the future parenting opportunities.
- Takes specific goals of both parties into consideration.
- Avoids adversarial court proceedings and Trial
Is Collaborative Practice for Everyone?
No. The Collaborative process requires a certain amount of trust and willingness to openly discuss goals and to avoid litigation. If there are serious issues which involve domestic violence, physical and mental abuse, mental illness, drug abuse, etc., then Collaborative practice may not be the best option. Speak to Attorney Tom Marks to obtain more information about what method is most suitable for your situation.
