Collaborative Law is a dispute resolution process separate and distinct from other resolution processes, such as litigation or mediation, that brings all parties to one negotiation table in good faith. Recognized and governed by Washington State statute, Collaborative Law is a systems-based approach that provides an umbrella of professionalism and safety for couples committed to open communication and finding durable solutions together.

Where contentious divorce litigation can leave anyone feeling shattered, my clients who have gone through the Collaborative Divorce process often feel more empowered. In cases involving parenting arrangements, the process fosters a compassionate experience for children and incorporates their needs into thoughtful compromises. In cases involving complex estates, the process allows for individual goals to be established and incorporated into a comprehensive solution for all involved and can incorporate jointly retained experts in the field.

Collaborative Divorce focuses on your family’s long-term needs and functions on a baseline of transparency and civility, helping people distill and articulate their interests, with lawyers supporting communication rather than acting as an agent or proxy for the client. The process requires both divorcing clients to fully disclose all relevant information, participate in several meetings together with their attorneys to identify and discuss goals, explore scenarios for financial arrangements and dividing assets with a neutral financial specialist, and work toward an agreement that is acceptable to both individuals.

Collaborative Law makes use of neutral third-party professionals. In many cases, a neutral family systems specialist or “coach” with a mental health background serves to help clients move through dynamics that can otherwise create barriers to good communication. Clients work with neutral specialists together to create a parenting plan tailored to their family’s unique needs and aligned with the children’s development. Financial neutrals gather and organize information related to assets and debts and build reports that help the clients conceptualize options for settlement.

All parties in a Collaborative case sign an agreement not to go to court, and should the sides fail to reach agreement, the lawyers and experts involved in the Collaborative Divorce proceedings must leave the case and not be involved with any non-Collaborative process. This provides an incentive for the professionals and clients involved to seek a mutually agreeable outcome through cooperative discourse, as opposed to a contentious road to a ruling handed down by a judge.

Under this umbrella of professionalism and safety you define what your goals are in the divorce, and then you explore solutions that work for your family now and in the future based upon those goals. If you and your spouse are willing to communicate openly and are committed to reaching a durable solution, this may be the right process for you, regardless of the challenge and complexity in front of you.