“All divorces involve decisions and choices. Which professional will assist you, and how you will utilize their help, are decisions that can powerfully affect whether your divorce moves forward smoothly or not.”

    - Handbook for Clients
    © 2001 American Bar Assoc.

About Collaborative Law

GOALS of Collaborative Lawyers

To help the parties communicate calmly with each other and express needs, interests, and emotions appropriately.
To ask questions, help the parties hear each other, and offer creative and workable alternatives.
To provide a safe place and organized framework for the parties to discuss each issue and reach agreement.
To prepare and file all written paperwork for the court.

Frequently Asked Questions

What is collaborative law?
How does the collaborative process work?
How is collaborative law different from mediation?
How is collaborative law different from a traditional divorce?
How does collaborative law benefit children?
How do I know if collaborative law is for me?
What happens if collaborative law doesn’t work out?
How much does collaborative law cost?
Where can I find out more about collaborative law?

What is collaborative law?

Collaborative law is a process in which family members and their attorneys agree to meet and help the parties identify and resolve their differences without resorting to litigation. The process usually results in a legally binding separation agreement and divorce. If the matter becomes litigated, the collaborative attorneys, and their law firms, must remove themselves from the case.

How does the collaborative process work?

The process begins by setting up a collaborative framework. This is done by the parties and their attorneys reviewing and signing a four-way agreement to honor the basic collaborative principles. There follows a series of individual client conferences and four-way meetings to identify and resolve the parties’ differences. The parties freely disclose their assets. They may choose to engage the services of an appraiser, financial advisor or mental health professional. Everyone works cooperatively and creatively to come up with a post-divorce agreement or plan. This agreement is written down in a legally binding document and submitted to the court along with the necessary papers to obtain a New York State divorce.

How is collaborative law different from mediation?

In mediation, the parties meet together with one mediator. The mediator is committed to being neutral throughout the proceedings. The parties usually discuss their differences, resolve them with the help and suggestions of the mediator, and reduce them to a written memorandum or agreement. Each party then takes that agreement to his or her own attorney for approval.

In collaborative law, each party has his or her own attorney from the beginning. Your attorney counsels you as to your legal rights and responsibilities and goes with you to meet with your spouse and the other attorney. Both attorneys help create a safe place and organized framework for discussion. The attorneys then draw up a legally binding post-divorce agreement and divorce papers as you and your spouse agree.

How is collaborative law different from a traditional divorce?

In a traditional divorce, your lawyer uses a lawsuit as the basic process. A traditional divorce attorney may try to settle your case, but the negotiations are carried on under threat of litigation. If negotiations fail, a divorce action is started. The lawsuit may be started right away if one or both parties want a judge to grant some immediate relief. Most divorce actions are eventually settled, but the terms are heavily influenced by what the parties think the judge would do at trial. Some divorce actions are resolved only after a trial, with the judge making the final division of assets and the post-divorce plan for the parties and their children.

In a collaborative divorce, the parties and their lawyers agree at the outset not to use litigation. Instead, in a series of conferences and four-way meetings, each party presents their reasonable needs, voluntarily discloses their assets, and works cooperatively and creatively to come up with a post-divorce plan. If there are pressing needs at any point in the process, everyone gives top priority to working out a temporary solution. The parties may jointly engage the services of a qualified professional, such as an appraiser, or a custody expert, to guide them. The parties retain control of the process until all issues are resolved.

How does collaborative law benefit children?

From the children's point of view, divorce is frightening because their family is changing. They may secretly worry that one or the other parent will leave them forever. They may think they did something bad to cause it all to happen. They may worry that they have to choose one parent over the other.

In a collaborative divorce, both parents agree to work together to do what’s best for their children. This means they cooperate to make a plan for how each parent will be involved with their children in the future. Because their post-divorce plan is based on the real needs of their individual children, because it is made in a spirit of cooperation, and because it is not imposed from the outside, it has a better chance of success. Children benefit because their parents’ post-divorce plan brings back stability and fosters strong ties with both parents.

How do I know if collaborative law is for me?

Ask yourself the following questions:

Do you believe it is in the best interests of the parties and your family that differences be resolved with minimal conflict?
Are you AND YOUR SPOUSE willing to commit to a process that relies on honesty and cooperation?
Do you want to avoid the harmful effect that protracted litigation could have on minor children in your family?
Do you want the support of legal counsel to help identify real needs and protect family assets?
Do you AND YOUR SPOUSE want to jointly decide on a mutually beneficial post-divorce plan, rather than have someone else (a judge) decide how you will divide your marital assets and care for your children?

What happens if collaborative law doesn’t work out?

If the collaborative process breaks down, the parties must find other attorneys to litigate their divorce. Neither attorney, nor anyone in their law firms, can ever represent either party in court. All consultants will be disqualified as witnesses and their work product will be inadmissible as evidence unless the parties agree otherwise in writing.

How much does collaborative law cost?

Collaborative attorneys are retained in the same way any other attorneys are retained, at whatever rate and for whatever retainer fee you and your attorney agree upon. In a collaborative divorce, however, there are factors at work to keep the cost down.

First, litigation by its very nature tends to drive costs up. The parties may get angrier over time and find more issues to fight about. The collaborative process, on the other hand, tends to calm people down. They are in a setting that helps them think rationally and solve their differences reasonably. Second, collaborative divorces tend to take less time. There are no court delays. The parties can proceed at their own rate, quite rapidly if they choose. And the post-divorce plan is less likely to require court intervention down the road if it is amicable and reasonable from the beginning. Third, the parties to a collaborative divorce can control how much attorney time they use. The parties work on resolving their differences in between their meetings with attorneys. They schedule only as many meetings as they need.

Collaborative attorneys are cost-effective even if you choose to mediate. Remember, attorney approval is usually required of your mediated agreement. Collaborative attorneys would cooperate to resolve any remaining issues not resolved in the mediation process.

Where can I find out more about collaborative law?

Click on the “Resources” page of this website.