Collaborative Divorce
Collaborative Divorce is a contemporary means of resolving conflicts
out of court, in a cooperative rather than adversarial paradigm. The
parties identify what is important to them in terms of their needs
and interests, and the needs and interests of their children, and
then explore in a respectful and dignified manner how they can best
meet those needs and interests by allocating the resources at hand. The
process contemplates that each party be counseled by an attorney
specially trained to assist the parties by avoiding “positions” and
steadfastly focusing on needs, interests, and resources. The
goal of Collaborative Divorce is to minimize or eliminate the negative
economic, social, and emotional impact of adversarial court litigation. Through
a series of meetings, and the utilization of mutually selected neutral
financial and child experts, the parties pursue the objective of
setting down on paper an acceptable agreement, oftentimes creating
unique solutions outside of the conventional divorce settlement template. In
sum, the process is not merely a “touchy-feely” approach
to settlement, but a true paradigm shift from the destructive adversarial
process of litigation to addressing needs and interests in a cooperative
and respectful manner. In a true Collaborative Divorce, the
attorneys and clients also agree that if the matter is not resolved
collaboratively, the Collaborative Divorce attorneys resign and the
case is turned over to litigators.
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