What Makes Collaborative Divorce Unique?
Collaborative Divorce is a voluntary process in which parties settle disputes without resort to litigation. In Collaborative Divorce:
- The parties sign a collaborative participation agreement describing the nature and scope of the matter;
- The parties voluntarily disclose all information which is relevant and material to the matter that must be decided;
- The parties agree to use good faith efforts in their negotiations to reach a mutually acceptable settlement;
- Each party must be represented by a lawyer whose representation terminates upon the undertaking of any contested court proceeding;
- The parties may engage financial professionals and professionals who support the emotional, communication, and parenting components of the divorce,* whose engagement terminates upon the undertaking of any contested court proceeding; and
- The parties may jointly engage other experts as needed.
In Collaborative Divorce, each person, including professionals, commits to:
- Negotiate a mutually acceptable resolution without having courts decide issues.
- Maintain open communication and information sharing.
- Create shared solutions acknowledging the highest priorities of all.
* These professionals may be called mental health professionals, communication and family professionals, divorce coaches, communication specialists, or similar terms.
–derived from materials created by the International Academy of Collaborative Professionals