Collaborative Solutions in Divorce
The attorneys of our Minneapolis family law firm are members of the Minnesota Collaborative Law Institute, and the International Association of Collaborative Practitioners, applying the application of collaborative law principles to the resolution of divorce and family law matters. Our experienced lawyers can help you understand the collaborative process and the real options it offers in finding real solutions to important issues in divorce.
- What is collaborative divorce?
- How will this process help me?
- What if we can't reach an agreement?
- How is the collaborative process different from a traditional divorce case?
- What about cost?
- What can I do to involve my spouse in this process?
- How do we get started?
- Where can I look for more information about the collaborative process?
Contact us today to learn more about the collaborative law process and to discuss your case in a free initial consultation.
What is Collaborative Divorce?
This is an approach for divorcing couples that encourages them to resolve all of their issues through mutual problem solving. They commit themselves to communication through face-to-face meetings and negotiation in a respectful manner. The attorneys agree that they will help their clients reach an amicable settlement without going to court. The parties and their attorneys sign a written agreement to resolve all of their issues in an out-of-court settlement. The parties work together in four-way meetings to settle their parenting, custody, property, and financial issues. - Return to Top of Page -
How Will This Process Help Me?
Divorce is a stressful time. Rather than increasing the stress between the parties, the collaborative law process encourages parties to openly communicate their feelings and their needs. All financial information is disclosed. Information is shared for the purpose of discussion and resolution. You and your spouse are the decision makers. You and your spouse control the process and jointly decide with your attorneys what needs to be done to conclude the divorce. - Return to Top of Page -
What If We Can’t Reach An Agreement?
The collaborative law process allows parties to bring in experts to help them resolve a dispute or a particular issue. The parties can use financial experts, parenting consultants, child specialists, coaches, and psychologists. All experts act as neutrals in the collaborative process and work toward a resolution that benefits the family rather than the individual. The parties can also take any and all unresolved issues to mediation by bringing a mediator to their face-to-face meetings. The structure and the opportunities available in the collaborative process lend themselves to mutual conflict resolution. If the parties cannot reach an agreement, they have the option to start a court action with new attorneys using the same financial information but in a different process. - Return to Top of Page -
How Is the Collaborative Process Different From a Traditional Divorce Case?
Most divorce cases settle without having to go to court. However, the way a traditional case settles is different from how a collaborative case settles. The parties in a collaborative case commit themselves to settlement at the very beginning of their case and agree in writing that, if they can’t reach an agreement, their attorneys will have to withdraw and the parties will have to find new attorneys to begin a court action. It is never the intent of the parties in the collaborative process to prepare their case as if it will go to trial. It is this collaborative desire to end a relationship in a win/win settlement that brings out each party’s highest and best self. - Return to Top of Page -
What About Cost?
Because the parties share all information and meet together for the purpose of reaching a settlement, cost is something they can control. The parties, with the help of their attorneys, together set goals and agendas, gather information, identify issues, generate options, and decide whether or not to use neutral experts. They can reach an agreement sooner or later depending on the facts and issues in their case. In the end, they may spend less together than they would have spent individually because information is shared in the four-way meetings. Control over the process helps to control the cost of the process. - Return to Top of Page -
What Can I Do to Involve My Spouse in This Process?
We will talk with your spouse and explain how the collaborative process works. We will be happy to answer any questions about the collaborative process. We cannot give your spouse any legal advice, but we can refer him or her to other collaborative attorneys that he or she can interview before making the decision to retain an attorney. - Return to Top of Page -
How Do We Get Started?
Each party should retain a collaborative attorney. Collaborative attorneys are lawyers who have been trained in the collaborative process. We can send your spouse an informational brochure on the collaborative process, and he/she can retain a collaborative attorney of his/her choice or we can recommend a collaborative attorney. A four-way meeting is scheduled and the parties meet to sign a Participation Agreement and a Joint Petition to begin the dissolution action. - Return to Top of Page -
Where Can I Look for More Information about the Collaborative Process?
More information about the Collaborative Process can be found at http://www.collaborativelaw.org/. The website will provide information on the documents used in the collaborative process, biographical information on other professionals and the answers to common questions asked by couples who want to resolve their disputes in a civil and respectful manner. - Return to Top of Page -
Contact Harris-Pearson, P.A.
Call our Minneapolis offices at (952) 595-9888 or e-mail us now for answers to your questions about collaborative law or to schedule a free initial consultation with an experienced Minnesota divorce and family law attorney.
