Collaborative Divorce

Collaboration is an alternative dispute resolution for divorce which allows both parties to agree to resolve conflicts by employing cooperative techniques rather than adversarial strategies and litigation. In a collaborative divorce both parties have to agree to eliminate the option for each lawyer to withdraw from the process and not participate in the ensuing litigation.

Prior to collaborating, each party enters into a Participation Agreement which outlines the process. For instance, each party agrees that issues will be decided in a non-adversarial manner using interest-based negotiation, and attorneys will be used by each party to reach an agreement.

Collaborative Divorce will also require each party to attempt to minimize the emotional impact of the divorce on the children by promoting the relationship of each parent with the children and determining the children's best interest. Collaboration is negotiated with neutral experts, using constructive communication.

The participation agreement will also outline the reasons that each party can withdraw from the collaborative process and how the status quo will be maintained in regards to the children, unless consent is obtained by both parties. Proponents of collaborative divorce argue that it allows conflicts, emotional issues and relationships to be dealt with flexibly and creatively.