Collaborative Law, including Collaborative Divorce, other family law matters, or probate matters, is an alternative path for resolving disputes with dignity and respect outside of the courtroom. With your attorney as a guide and adviser, you are able to navigate through a dispute – whether a family matter such as divorce, a probate matter, or a commercial lease – in a manner which is more likely to result in a mutually agreeable resolution and preserve or even strengthen the relationships of the people or businesses involved.
Attorneys and other professionals such as financial advisors, child specialists, or coaches, are available to provide insight and analysis in a neutral manner and help reduce expenses. Though most common in the family law setting, the Collaborative model is well suited to resolving disputes where continuing relationships exist after the conflict has been resolved, such as probate matters and business disputes.
The term incorporates all of the models developed since Minnesota lawyer Stu Webb created Collaborative Law ideas in the 1980s.
The heart of Collaborative Law is to offer people the support, protection, and guidance of your own lawyer without the fear and antagonism of going to court in an adversarial process.
When resolving a dispute collaboratively, the parties negotiate a mutually acceptable settlement without having the court decide issues; they maintain open communication and information sharing and create shared solutions which acknowledge the highest priorities of each person. The Participation Agreement, which governs each individual matter, is a contract signed by each person committing to three key elements:
The voluntary and free exchange of information
The pledge not to litigate (go to court) and withdrawal of both attorneys and other team professionals if either party litigates
A commitment to respect for both parties’ shared goals
Jennifer C. Gogert is a Collaborative Lawyer practicing in family law and civil issues; a member of IACP, and committed to helping her clients through difficult times while maintaining respect for self and others. For more information visit collaborativepractice.com.
Download your free Collaborative Divorce Knowledge Kit and discover if the collaborative model is right for you. This kit answers many of the common questions about Collaborative Practice.