Collaborative Divorce

A collaborative divorce is one in which the two spouses and their lawyers arrange to work together to seek the best outcome for everyone involved. This is in contrast to many divorce proceedings in which spouses seek to "win" what they want in a settlement at any cost. Couples who wish to minimize the disruption and emotional trauma associated with divorce may choose this type of process. Couples who are parents agree to put the interests of their children first during negotiations. Rather than only communicating through their lawyers, couples who are going through a collaborative divorce sit down together with their attorneys in group meetings to sort out the details of asset distribution and custody arrangements. All the parties involved are part of a "participation agreement". If the couple decides to go to court instead of reaching a settlement, the lawyers excuse themselves from the case and new counsel must be retained for the ensuing litigation.

Fast Facts

  • Stuart Webb, a Minneapolis attorney, created the concept of collaborative divorce in 1990
  • Divorce collaboration is not the same as mediation - there is no third party mediator involved
  • In Medicine Hat, Alberta (CA) the number of divorces involving the courts dropped 85% after the introduction of collaboration as an option.

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