. . . the presumption that opposing parties with equal access to information freely negotiate on a level playing field.
FORMALITIES – The formal steps in a divorce proceeding, (preparing, serving and filing the Summons and Petition and the Appearance, Answer and Counter-Petition), are either waived or postponed.
AGREEMENT & COMMITTMENT – It is distinguished from traditional divorce litigation by its contractual components. A Participation Agreement, which identifies the ground rules designed to provide an effective environment for settlement is discussed and executed by all parties involved (husband, wife and attorneys and any additional professional called into the process). The agreement represents the party’s commitment to resolve all of their issues respectfully, in good–faith, out of court and to abide by the ground rules. The agreement also requires the attorney to withdraw from the case if all of your issues cannot be resolved out of court.
CONTROL – You and your spouse control the timing and outcome of the process and make the final decision without court intervention. In a traditional case, the Judge is in control.
DEGREE OF ADVERSITY – You and your spouse pledge mutual respect and open communication. It involves a “paradigm shift” for the professionals (away from warring and attack and toward cooperation and problem solving), an oxymoron for attorneys.
COST – In a traditional divorce proceeding, costs are unpredictable can escalate rapidly with repeated visits to the courthouse. In the Collaborative Process costs are generally more manageable and typically less expensive than litigation.
USE OF A TEAM/OUTIDE EXPERTS – In the Collaborative Process jointly retained specialists provide guidance and information and assist with the development of mutually beneficial solutions. In a traditional divorce proceeding separate experts are retained by the parties to support each litigants’ position.
LAWYER’S ROLE – In the Collaborative Process your lawyers work toward the creation of a mutually beneficial settlement. In a traditional divorce proceeding the lawyers fight to win and advocate for one position.
PRIVACY – In the Collaborative Process, the process, its details and discussions or negotiations are kept confidential. In a traditional divorce proceeding personal and financial information, details and disputes become a matter of public record.
COMMUNICATION – In the Collaborative Process, you and your spouse communicate directly with one-another and with your team. In a traditional divorce proceeding you and your spouse negotiate through your attorneys.
NATURE – The Collaborative Process is one that is entered into voluntarily by the parties as opposed to the mandatory nature of a litigated proceeding.
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