The Main Tenants of Collaborative Divorce
As you’ve learned by now, we love collaborative law and divorce. We believe that the collaborative option is not just the better option, but the only option that most families should consider when contemplating going through a divorce or legal separation. We offer both collaborative mediation and collaborative divorce. While the process for those two options differ, the tenants of all collaborative processes are the same. These 4 tenants are the foundation that allows for collaborative cases to be successful and encourages families to move forward with more understanding and compassion.
Tenant #1 No Court Intervention
When using the collaborative process, the parties and their respective attorneys agree at the onset that they are not going to seek or threaten court intervention.
The foundation to any collaborative case is the agreement that we will figure out a solution without going to court or threatening to go to court. This gives the participants the power to make their own decisions.
Tenant #2 Automatic Withdrawal
If for some reason we cannot complete the case in the collaborative process, the professional team must withdraw from further work on the matter.
It doesn't happen often that we are unable to reach a full resolution using the collaborative process. Sometimes this automatic withdrawal provision is the "teeth" to keep us working to the end. It also allows participants to openly share their thoughts, fears, concerns, and hopes.
Tenant #3 Complete Transparency
Participants are required to share all information relevant to the case and work through the issues.
For true success, we need to be sure that we're considering all relevant information. If we put everything on the table, we can start to build trust and understanding.
Tenant #4 All Needs Considered
We consider everyone's needs and goals while navigating the final outcome.
One of our favorite parts of the collaborative process is working with people to determine what is truly important to them. With that in mind, together we can create a path to get them there.