Collaborative Law Divorce:
An Alternative to Mediation

What is Collaborative Law Divorce?

In a Collaborative Law Divorce, the lawyers assist you in resolving issues through a cooperative approach, rather than with adversarial strategies. It is a dispute resolution process that avoids the economic and emotional costs of going to court. This non-adversarial approach allows you, your spouse and the lawyers decide what will work best for you and for your family, rather than letting a judge make the decisions.

How do Collaborative Lawyers Work?

At the outset, the lawyers pledge not to go to court under any circumstances. If an agreement cannot be reached, they must withdraw from the case as the attorneys.

The lawyers and the parties agree at the outset to complete, voluntary and informal exchange of information, without the need to go to court.

Informal, four-person conferences are used in which the future of the couple and the family is the focus. Problem solving techniques are used to produce the best agreement possible, tailored to your family’s needs.

You, your spouse and each lawyer work as part of a settlement team, not as adversaries.

What if a settlement cannot be reached?

In the unlikely event that you cannot reach a settlement, Collaborative Lawyers will withdraw from the process and assist you in retaining lawyers to resolve the matter in court. The result is that you will have had the best representation for the initial phase of the case and materials accumulated during the collaborative stage will be transmitted to the trial attorney so that there is a minimal loss of continuity.

Why should you consider retaining collaborative lawyers?

The process is generally less costly and time consuming than litigation. The cost of an average limited contested divorce has been estimated at $65,000 and a complex full-courtroom divorce at $250,000. The average total cost of a Collaborative divorce has been computed at $20,292and the average for a difficult or very difficult Collaborative divorce has been computed to be a total of $27,972.

You are each supported by your lawyers, and by a team of financial and other professionals who work to find the best resolution for the entire family.

You retain control of the process. No decision can be made unless you agree.

The process is much less time consuming than litigation.

Your case will be resolved with dignity, which benefits you, your spouse and your children.