Strong emotions, challenging communication, and/or more complexity might cause both participants to want legal advice and advocates, without the threat of going to court.
- Involves direct negotiation between the parties, in joint meetings, with lawyers present and participating
- Involves committing not to go to court to resolve differences and signing a Participation Agreement
- Involves keeping the interests of the children the top priority
- Involves exchanging all relevant information voluntarily
- Works best for parties who value privacy
- Works best when parties want to control the outcome of their dispute
- Works best when parties have a strong interest to minimize harm to their children
- Works well in both low conflict and high conflict cases
- Works well in uncomplicated and complicated cases
- Does not work as well if one person purposely will not move forward
- Can be more challenging when ongoing substance abuse or untreated mental health issues are present (but not impossible
- Both parties have lawyers
- Other experts are often hired to assist with parenting plans, budgets, valuations and collection of financial information
- Experts are hired by joint agreement and are neutral—asked to provide expertise and not to advocate for a party or a party’s position
- Lawyers offer advice, guidance, advocacy and draft settlement document and appropriate closing documents
- Generally, less expensive than going to trial or arbitration to resolve disputes and more expensive than parties reaching an agreement on their own
- For more specific information about the Collaborative Process, click here.