Collaborative Divorce – Creating a Resolution that Works
Shelley Sanderman - Colorado Family Law Attorney
Several weeks ago, I attended a two-day training seminar about Collaborative Divorce. I didn’t know much about it except what I had heard outside the legal world. I remembered hearing the term in the movie “Juno” – that it is a divorce process that is “all the rage right now”. I also remembered hearing celebrity Robin Williams recently divorced his wife of 19 years through the collaborative divorce process. I knew collaborative divorce was considered an alternative to the nightmarish courtroom battle that most Americans think of when the subject turns to divorce.
As I soon found, many lawyers and people in the legal field believe collaborative divorce is not truly practicing law, or is a ‘soft approach’ to divorce. However, listening to experts of this budding field of family law, I found it to be an interesting, almost refreshing, alternative to the courtroom battles. In this process, the parties agree that they want to proceed with a collaborative divorce, and each retain a separate attorney trained in the collaborative divorce process. Both parties must agree that, if the collaboration fails, the parties will retain entirely new counsel and proceed with the traditional divorce process.
The beauty of collaborative divorce is this: the couple must work through their demons with trained professionals, such as professionals in mental health, child specialists, financial specialists and a mediator. This entirely open process gives each client the opportunity to address the issues most important to each of them. The parties are free to create their own solutions and can address issues that are most important to them, not just what a judge believes to be legally significant.
The collaborative divorce process has the potential to create healthier families post-divorce. The focus is on forward-thinking solutions, and the process can go as quickly or as slowly as the parties require. If children of the marriage exist, each parents’ concerns are addressed openly with the facilitation of child specialists, and parties have the opportunity to put the best possible paths in place for parental decision-making, responsibilities and scheduling.
The client’s attorney participates in a slightly different manner, but like both the traditional divorce process and the collaborative divorce process, the client’s attorney ensures the client is well-informed of their legal rights and the legal implications all decisions could have. Attorneys also assist their clients through this sometimes emotionally-taxing process by facilitating and encouraging solutions that the attorney can then draft into an agreement for the court. As difficult and uncomfortable as this process may seem, the end result is a divorce with better communication and understanding between the parties.
Who cares whether or not you can communicate with your ex? You should. Post-decree matters can be as expensive as the initial divorce, and the additional stress of combating your ex-spouse for years to come is not appealing to many – it’s like a never-ending divorce.
Its important to note that collaborative divorce isn’t for everyone. To determine if a collaborative divorce is right for you, contact a family law attorney trained in collaborative divorce.
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Jason A. Márquez, Colorado Family Law Attorney
In the majority of Colorado districts, the Court often orders a form of alternative dispute resolution before they will schedule a hearing on disputed issues. The most common form ordered is mediation. It can be a costly endeavor but if the parties’ are sincere about settling their disputed issues, it can be very productive. There are two primary concerns to addressed before scheduling mediation. First, who should be selected as a mediator? And second, what can I expect to accomplish through mediation?
In order to address these concerns, it may help to understand what mediation involves. Mediation generally includes deliberations that result in solutions that may or may not be accepted by the contending parties. A mediator will often make recommendations regarding proposed solutions. However, their recommendations are neither binding on the parties nor the Court. Mediators will draft agreements regarding any resolved issues and once signed by both parties, become binding.
Often times a mediator will make recommendations based upon their experience and knowledge. For example, a mediator may have an opinion based upon their expectations regarding how a particular Court or even a particular judge may rule on a disputed issue. Accordingly, it is often very important to choose a mediator who has the requisite experience and familiarity with the type of issues in dispute, whether they involve domestic violence, substance abuse, financial or any other issues.
Often times parties believe that mediation will be a futile endeavor. However, while the parties may be pessimistic about the outcome of mediation, there are some benefits to participation. For example, everything discussed with a mediator or with opposing parties during mediation is strictly confidential. Accordingly, a mediator generally cannot be called as a witness in a subsequent hearing. Therefore, the parties are able to speak openly and honestly about their concerns. In addition, the parties often become much more familiar with what the opposing party is looking for. Therefore, even though a resolution may not be reached, mediation often helps the parties determine the range of options to resolve disputed issues. Ultimately the parties may settle somewhere in the middle of the range or alternatively become more prepared to focus on the range in a subsequent contested hearing.
Family law attorneys work with a variety of mediators all over the state. Mediators are often practicing attorneys, retired judges, medical doctors, mental health or other types of professionals. Depending on the complexity of the issues, it is important to pick a professional with specific expertise regarding the disputed issues. While not true in every situation, often more expensive mediators help the parties resolve more issues. As Court dockets become increasingly overwhelmed, mediation is a very likely endeavor in all divorces to eliminate some of the burden on the Court.
(2 votes, average: 5.00 out of 5) Loading ...
