What is collaborative divorce and how does it differ from mediation?
Collaborative law allows the attorneys for both parties to assist them to resolve conflict using cooperative strategies rather than adversarial techniques and litigation. The parties and the lawyers sign an agreement which provides that if there is litigation, both parties’ attorneys must withdraw from their representation. The theory behind collaborative law is that there is no financial incentive for a lawyer to litigate. The downside is that if the process does not succeed there may be added costs of hiring new lawyers, etc. The collaborative divorce model is based on a team approach involving at a minimum two lawyers, a coach and the parties. The coach is a mental health professional with significant training in the nuances of divorce cases and thus is able to help a party focus upon cost-effective resolution of divorce. The other team members will often include an independent child specialist and a financial specialist. There are fellows of the American Academy of Matrimonial Lawy
