Similar to mediation, Collaborative Divorce is an effective alternative to litigation. It is typically less expensive than litigation and results in a solution that takes into account the highest priorities of both parties and the children. Collaborative Divorce is based upon a pledge to reach an agreement instead of going to court. The parties retain control of their own decisions rather than having a judge decide what is in the best interest of the family. Each party has their own lawyer, however, the lawyers agree not to proceed to court until they reach a settlement and enter into an agreement. If the process breaks down and the parties decide to litigate, they need to find new lawyers for the litigation process.
The process consists of the parties and their attorneys attending a series of meetings known as 4-Way Conferences. The parties exchange all information and all communication is open and honest. All discussions at the settlement meetings remain confidential. The parties may retain experts to help this process, including financial and child specialists. All experts are neutral and neither party can use the same expert if they decide to litigate the case.
Ultimately, the goal of a Collaborative Divorce is to preserve some relationship between the parties, to solve problems jointly, and to prevent a court battle. This model encourages couples to reach a realistic settlement by building on areas of mutual agreements. Ultimately, studies have shown that an agreement reached by the parties is more likely to be followed and less likely to result in future litigation than a decision from the court.
If you would like to discuss Collaborative Law in more detail, please contact William J. Rudnik, Esq. at brudnik@gklegal.com
