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Collaborative Practice is a voluntary dispute resolution process in which parties settle
without resort to litigation. In Collaborative Practice:
1. The parties sign a collaborative participation agreement describing
the nature and scope of the matter;
2. The parties voluntarily disclose all information which is relevant and
material to the matter that must be decided;
3. The parties agree to use good faith efforts in their negotiations to reach
a mutually acceptable settlement;
4. Each party must be represented by a lawyer whose representation
terminates upon the undertaking of any contested court proceeding;
5. The parties may engage mental health and financial professionals
whose engagement terminates upon the undertaking of any contested
court proceeding; and
6. The parties may jointly engage other experts as needed.
Collaborative Practice, including Collaborative Law and interdisciplinary Collaborative Divorce, is a new way for you to resolve disputes respectfully -- without going to court -- while working with trained professionals who are important to all areas of your life. The term incorporates all of the models developed since IACP's Minnesota lawyer Stu Webb created Collaborative Law ideas in the 1980s.
The heart of Collaborative Practice or Collaborative Divorce (also called "no-court divorce," "divorce with dignity," "peaceful divorce") is to offer you and your spouse or partner the support, protection, and guidance of your own lawyers without going to court. Additionally, Collaborative Divorce allows you the benefit of child and financial specialists, divorce coaches and other professionals all working together on your team.
In Collaborative Practice, core elements form your contractual commitments, which are to:
- Negotiate a mutually acceptable settlement without having courts decide issues.
- Maintain open communication and information sharing.
- Create shared solutions acknowledging the highest priorities of all.
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