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The Collaborative Divorce model, as a specific ADR process, emerged in response to the psychological, financial and family system devastation which often results from traditional family law litigation. The Collaborative Divorce model relies upon an interdisciplinary team of professionals whose integrated services educate, guide and support the divorcing couple in crafting an equitable and just resolution without threat of or resort to litigation. At the beginning of a case, both parties and all professionals on the team sign a Participation Agreement, stating that all team members will withdraw from the matter in the event that either party terminates the Collaborative process by opting for litigation.

Two Collaborative Attorneys:
Each party independently retains his and her own Collaborative Attorney. Each Collaborative Attorney is licensed to practice, is experienced in the area of family law, has specialized training in collaborative team practice and is committed to assisting the family in resolving disputes in a manner which is open, honest, respectful and cooperative. Attorneys and clients agree in advance to set aside adversarial strategies and focus on working together towards positive solutions.

Two Divorce Coaches:
Each party independently retains his and her own Divorce Coach. Each Collaborative Divorce coach is a licensed or certified mental health professional, with particular expertise in the psychological dynamics of divorce. Coaches assist the couple in diffusing highly charged emotional issues, teach the parties effective communication and co-parenting skills and support the family through the transition of divorce. Distinct from therapy, coaches focus on achieving the immediate goal of a collaborative divorce by helping clients learn self management skills such as anger management and stress management.

One jointly retained Child Specialist:
The parties jointly retain one mental health professional to serve in the capacity of Child Specialist. The Child Specialist, also a licensed or certified mental health professional, has particular expertise in child development and divorce related issues as they impact children. The child specialist provides the children a voice in the process in a way that vastly differs from that of a custody evaluator. The Child Specialist helps children express their concerns while providing the parties with information regarding their children's developmental and emotional needs.

One jointly retained Financial Specialist:
The parties jointly retain one neutral financial professional to serve in the capacity of Financial Specialist. The Financial Specialist, a Certified Divorce Planner, Certified Divorce Specialist, Certified Financial Planner or Certified Public Accountant, gathers all necessary financial data, identifies and analyzes alternative settlement options, and helps the parties and their collaborative attorneys to consider and communicate about the short term and long term financial implications of each alternative solution.

"The hallmark of the Collaborative Divorce model is the use of the right professional expertise
for the right issue. We all know that a divorce is much more than a legal event."

Litigation is frequently fueled by the anger, hurt, mistrust and fear that parties inevitably feel at some point during the divorce process. Because litigation provides no mechanism for working through important emotional issues, in litigation those issues are usually ignored, like elephants in the living room. The parties' emotions are ignored, denied, and treated as if they do not exist or lack importance. The parties are sidelined with no procedure for constructive communication while the battle is waged between opposing and predictably biased experts.

When parties are provided with appropriate information, skills, support, and a safe environment, they have the opportunity to focusing their negotiations on authentic issues, to reach fair and practical agreements, to heal and move forward as self-respecting adults, and those parties who have children can co-parent effectively based solely on their concern for the children's best interests.

A Collaborative Divorce case differs from mediation in the level of guidance, education and support provided to the family. In a collaborative case, parties receive the benefit of ongoing and integrated legal counsel and advice. Emotional issues are acknowledged and address by professionals trained to do so. Children's concerns are given a voice by an unbiased expert; parties and their attorneys listen. Financial issues are tackled openly with the assistance of one neutral financial expert. All team members bring to bear their shared goal of problem solving rather than "winning," modeling cooperative behavior thereby supporting and encouraging clients to do the same.

One might conclude that the use of so many professionals would make this process prohibitively expensive. To the contrary, our experience is that precisely because of the interdisciplinary expertise brought to a case, a typical Collaborative Divorce costs a fraction of a typical litigated case. We encourage you to learn more about the Collaborative Divorce process by contacting any of the professionals listed on this web site. Any of us will be happy to answer your questions and discuss with you in greater detail whether the Collaborative Divorce alternative might be right for you and your family. [Contribution by Talia Katz , 02/02/05]