Collaborative law is a relatively new process in alternative dispute resolution, developed primarily for family law and divorce cases. The collaborative process seeks to protect spouses and families from tense and adversarial divorce proceedings by promoting open and productive communication. Parties will agree to engage in good faith negotiations and promote mutually beneficial problem-solving tactics when they agree to collaborate.
The collaborative process begins when each party agrees to collaborate on the divorce agreement outside of court. The parties will then sign the participation agreement that outlines the goals and scope of the matters to be addressed. Each party will then be represented by an attorney, but the attorneys’ representation is limited to the collaborative process, as they are committed to working together to help clients come to an agreement. If the clients cannot come to an agreement or choose to terminate the collaborative process in lieu of court proceedings, the collaborative attorneys cannot represent the parties in the following court proceedings. The collaborative process aims to find a “win-win” outcome, and by limiting the scope of the attorneys’ representation, there is no fear that an attorney will threaten litigation or give an ultimatum if parties are struggling with the collaborative process.
Once the parties agree to collaborate and have their collaborative attorneys, a neutral “team” will be created, and that team will be present throughout the negotiations to assist in the conversation and resolution. This team may include a divorce coach, mental health professional, child specialist, and/or a financial specialist. A divorce coach or mental health professional can help parties navigate the emotional aspects often involved in a divorce. These team members can help parties cope with stress and effectively communicate their personal goals and needs. The child specialist helps ensure the child or children are a priority in the divorce process. This team member can meet individually with the children to help them express their feelings about the divorce and come up with creative solutions create the best outcome for the whole family. Finally, the financial specialist can help protect each party’s financial interests and expectations while promoting feasible options for the agreement. This significantly helps to create a settlement agreement that will continue to be effective and sustainable for all parties.
This collaborative, team-based approach works best when parties maintain open communication and share all relevant information. These mutually beneficial solutions require disclosure of information so each party’s needs and goals can be fully recognized and developed in the agreement. Collaborative law can create a fully mutual agreement without involving courts and adversarial proceedings. This approach allows the parties to be involved with what happens to them, their relationships, and their children during a divorce, all while maintaining effective and amicable communication.
The experienced family law attorneys at General Counsel PC, partnered with their excellent team of professionals, can help you decide if collaborative law is right for your situation. Email us at intake@gcpc.com, call us at 703-556-0411, or use this Contact Us form to see how we can help you.
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Virginia Court Rules on Former Spouse’s Right to Military Retirement Pay: Finds Spouse Entitled to ShareDivorce proceedings, specifically the process of equitable distribution, can be more complex when they involve active members of the military. Divorcing couples when one or both spouses are members of the military often involves some unique issues surrounding the classification and equitable distribution of military marital assets.
