The Collaborative Team Approach
What Is the Collaborative Team Approach?
The collaborative team approach is an alternative to litigation which allows the parties to a divorce, or other family law-related dispute, the option of resolving their dispute privately, without threats of going to court. The approach includes two attorneys, one for each client, and two neutral professionals mutually engaged by the parties: a financial professional and a mental health professional. Through a series of meetings, the team engages in interest-based negotiations designed to resolve the dispute while addressing each party's interests, concerns and goals.
What Is the Role of the Attorneys In The Collaborative Team Approach?
Each attorney acts as an advocate for their client throughout the collaborative law process. The attorneys help their clients develop different options for resolution of their dispute, and analyze the legal, financial and personal impact of these options. Additionally, the attorneys draft the pleadings required to file the divorce, prepare minutes of the team meetings and other documents required during the process, and draft the court orders and other paperwork necessary to finalize the divorce, transfer assets between the parties and otherwise effectuate their agreements.
What Is the Role of the Neutral Financial Professional In the Collaborative Team Approach?
The neutral financial professional helps the parties define and address their financial interests, concerns and goals. The financial professional works with the parties in developing an interim budget – which is a crucial beginning step in the process. Additionally, the financial professional helps the parties gather and exchange financial documents and other information needed to develop different settlement options, and educates them regarding the financial impact of different options. Another essential part of the financial professional's role is to help the parties understand their future financial needs and goals, and develop a plan to meet them.
What Is the Role of the Neutral Mental Health Professional?
A crucial part of the neutral mental health professional's role is to help the parties deal with any emotional issues they may face as a result of the end of the marital relationship. Such issues might otherwise prevent the parties from recognizing and addressing their true interests, concerns and goals – making settlement more difficult and costly. The mental health professional promotes a positive process which addresses the interests, concerns and goals of the parties. If minor children are involved, the mental health professional can work with the parties to develop and tailor a parenting plan that best meets the family's unique needs.
Why Is the Collaborative Law Team Approach Desirable?
The collaborative team approach is a powerful and effective method of resolving disputes without the cost – financial and emotional – often faced during litigation. The process is designed to result in win-win solutions for both parties. Emotional and financial issues critical to resolving the dispute can be addressed with the assistance of neutral professionals that are highly skilled in these areas. The collaborative process empowers the parties by teaching them communications skills and how to engage in interested-based negotiations -- improving their co-parenting skills and strengthening their future relationships.
