The Collaborative Process is a peaceful way to resolve family, civil, business and other disputes.
The Collaborative Process engages a professional team made up of a lawyer for each party plus neutral financial and facilitation professionals to help you:
- learn everything you need to know to make the best decisions about your future;
- retain control over your divorce or other family matters;
- resolve business disputes;
- keep your dispute private;
- plan a better future for your re-structured family;
- continue doing business together instead of battling each other in court.
What Benefits Does Collaborative Offer Compared To Litigation?
The chart below highlights the differences between a Collaborative and Litigated Divorce. These differences can translate to any other collaborative process such as civil, business, and other family matters.
What Is Collaborative Practice?
Collaborative Practice is a voluntary dispute resolution process in which parties settle without resort to litigation.
In Collaborative Practice:
- The parties sign a collaborative participation agreement describing the nature and scope of the matter;
- The parties voluntarily disclose all information which is relevant and material to the matter that must be decided;
- The parties agree to use good faith efforts in their negotiations to reach a mutually acceptable settlement;
- Each party must be represented by a lawyer whose representation terminates upon the undertaking of any contested court proceeding;
- The parties may engage mental health and financial professionals whose engagement terminates upon the undertaking of any contested court proceeding; and
- The parties may jointly engage other experts as needed.
Collaborative Practice provides you and your spouse or partner with the support and guidance of your own lawyers without going to court. Additionally, Collaborative Practice allows you the benefit of coaches, child and financial specialists all working together with you on your team.
In Collaborative Practice, core elements form your commitments to this process, which are to:
- Negotiate a mutually acceptable resolution without having courts decide issues.
- Maintain open communication and information sharing.
- Create shared solutions acknowledging the highest priorities of all.
Sources: The Florida Academy of Collaborative Professionals (FACP) and The International Academy of Collaborative Professionals (IACP)