A collaborative divorce is about cooperation, not confrontation even in circumstances where communication between you is challenging or even breaking down. It is about creating one team rather than two teams locked in a boxing ring each trying to punch the other out.
Each client is represented by his or her own lawyer throughout the process.
Each lawyer and the separating couple sign a contract at the start of the process which provides that the separating couple and their lawyers contract not go to Court or use threats of Court to solve the dispute.
If the Collaborative Process fails, both lawyers and any other professionals engaged must discontinue their involvement with the separating couple and their law firms must withdraw from acting for their clients.
Both lawyers help the separating couple work as a team to:
• find and focus on your common interests;
• understand each other’s concerns;
• exchange information;
• explore a wide range of possible choices; and
• reach solutions acceptable to both of you.
Collaboration is conducted on a different basis to the traditional competitive negotiation approach that lawyers adopt – it is based on the separating couple and lawyers adopting an interest based approach to the negotiation.
