“The basic idea [of Collaborative Law] is that the parties, with or without the advice of counsel, agree to scrap the horrible adversarial combat system of the courthouse, and to work in a collaborative, non-adversarial mode to resolve their dispute.”

--Tom Arnold
Howrey Simon Arnold & White, LLP
Houston, Texas

Collaborative Law, which has been around since 1990, attempts to solve problems by creating an environment whereby parties in a dispute are encouraged to work together to develop solutions that are satisfactory to both sides. The three key elements to Collaborative Law are the free and voluntary exchange of information, the pledge not to litigate unless it becomes necessary, and the commitment to finding mutually beneficial solutions that satisfy each party's objectives.

The main difference between Mediation and Collaborative Law is that, in mediation, parties are allowed to consult and have attorney's present throughout the process. However, given the nature of Collaborative Law, attorneys trained in the Collaborative Law process are present to give legal advice and make sure the process stays balanced and productive.

Collaborative Divorce

While Collaborative Law works for many cases, the Community Mediation Center, partnered with the Virginia Institute of Collaborative Practitioners (VICP), focuses specifically on Collaborative Divorce. When couples go through the conventional divorce process, they often come to view each other as adversaries, making the process more difficult for everyone involved, especially children. Collaborative Divorce brings parties together in a neutral setting and focuses on creating understanding, respect, and cooperation. Parties who go through the Collaborative Divorce model agree to avoid litigation and attempt negotiation in good faith. The welfare of the parties and children are especially addressed, including how to move forward in a positive way. The majority of clients who try Collaborative Divorce say that it was helpful, even if they did not reach a solution.

Contact VICP at 757-473-1031

The Collaborative Divorce Process

1. Both parties consult with and hire a lawyer trained in collaborative law.
2. The lawyers meet independently to discuss their clients’ issues and the other types of specialists that should be brought to the table (it is important to include mediators, counselors, child psychologists, and/or financial planners at the earliest stages, if they are going to be needed). The cost of these experts may be shared between the parties.
3. Presuming the case is appropriate for collaborative law, the lawyers and parties sign a Participation Agreement.
4. Then, the lawyers and parties come together in a series of face-to-face meetings until an agreement is reached.
5. If an agreement is not reached, and the parties go back to litigation, the lawyers must withdrawl from representation.

Advantages of the Collaborative model

• Empowering: Clients feel empowered as they have more influence and control in determining how their cases are handled and, ultimately, resolved.
• Improves Communication and Minimizes Stress: If the relationship is one that will be on-going, the potential for hurt may be diminished and the foundation for future healthy communication and exchanges may be established.
• Cost-Effective:Clients can save money because they don’t have to pay court costs and fees that accompany court appearances. Clients also save money by agreeing to use only one expert in a given field.
• Saves Time: A client is not subject to the court’s docket, so a client may be able to resolve the matter within a matter of weeks, instead of a matter of months.

To learn more about Collaborative Law, call VICP at 757-473-1031 or visit the International Academy of Collaborative Professionals.

Resolving Conflicts | Building Relationships | Empowering People