If a party is unwilling to enter into a Participation Agreement for collaborative divorce, the parties can proceed to divorce under the traditional model. If one or both parties to a collaborative divorce participation agreement conclude they can not resolve the matter through the collaborative process, then one or both parties will notify the team of their decision to terminate the process, and the collaborative process will end. Either party may proceed to file a traditional divorce on their own without counsel (which is not advised), or with new legal counsel and new experts, as needed, under the traditional divorce process. Neither party is permitted to use the attorney or any professional from the collaborative team in the event the collaborative process is aborted. The loss of the collaborative team professionals, including a party’s attorney, provides an incentive to both parties to remain in the collaborative process and diligently explore alternatives and options to break an impasse in order to avoid the lost investment of time, trust and resources expended in the collaborative process.

Divorce is stressful because it means change in relationships; finances, parenting roles and to some degree, anxiety about the future. The collaborative divorce process is geared to minimize stress, as it focuses on exploring solutions that address the needs of both parties. Both parties sign a participation agreement that they will act with fairness, mutual respect and candor to their spouse and will work as a team to find the solution that works for their family, and agreeing to resolve all issues before starting a divorce action. This process has been observed to be more cost effective than the traditional approach which is driven by court deadlines and requirements, which may not directly relate to where the parties are in the resolution of their issues. Collaborative Divorce simply beats the alternative of an adversarial, scarcity of resources model provided both parties are willing to fulfill the promises of their participation agreement. Children of parents who select collaborative divorce are benefited by reduced conflict between their parents who have agreed to place the needs of their children ahead of their own. In turn, family financial resources are better preserved for the family’s use, rather than to fuel the adversarial fire.

The first step to starting a collaborative divorce is to meet with a collaborative professional. You may decide to meet first with a collaborative attorney, divorce coach, or financial specialist. All of the professionals listed on this site have graduated from a collaborative training program, and can answer your questions about the collaborative process. You may decide to choose the collaborative professional that you are most comfortable with, or whose specialty covers most of the questions you have. Click here for the Up North Collaborative Divorce Professionals.

Because the Collaborative Process requires the agreement of both spouses, your spouse must also choose the collaborative process. At your first meeting with a collaborative professional you can discuss some ways to encourage your spouse to consider the process.

A Collaborative Divorce uses the legal system to legally dissolve a marriage. But, instead of working through the traditional “adversarial” system, the husband and wife each retain an attorney who has had Collaborative Divorce training before the case is started. Before either spouse files for divorce, the parties and their Collaborative lawyers all sign a Participation Agreement, committing themselves to reach a settlement before filing a divorce action. A team approach is used to work through the legal, financial and emotional issues that arise in the transformation of the family. The team may be expanded as the parties and their Collaboratively trained lawyers agree, and may include divorce coaches, financial professionals, mediators, or a child specialist – all of whom are trained and committed to the collaborative process. Once all issues have been resolved and agreed, the parties join together in the filing of the divorce action where no issues are in dispute, and the process is respectfully and cost-effectively completed.

Collaborative Divorce focuses on the future and puts children first. Through a Collaborative Divorce, new parenting relationships can get off to a positive start where parents actively plan together for their children’s restructured family life.

The Collaborative approach requires full disclosure of assets and debts; expects a commitment to good–faith problem solving and constructive communication in order to reach a solution that works for both parties. The team members encourage each spouse to observe the principles set forth in the Participation Agreement, and play an important role toward seeking compatible solutions as well as modeling and encouraging the spouses to work collaboratively.

If either party does not comply with the Participation Agreement, the collaborative divorce process is terminated, the parties are precluded from using the collaborative team members in their traditional divorce action to follow, including their collaborative lawyers. This investment by each party helps hold the process together as the team works to help the couple work through the difficulties encountered through the transformation of a marriage to dissolution and a new phase.

If problems arise in the future, the collaborative team can be reassembled to work through any new difficulties that may arise. The collaborative process helps increase the capacity of co-parents to maintain mutual respect, have improved communication and an increased ability to find workable solutions.

See also from the Collaborative Practice Institute of Michigan

http://www.collaborativepracticemi.org/what_is_cp_divorce.php

From the International Academy of Collaborative Professionals

https://www.collaborativepractice.com/_WhatIs.asp?M=1&MS=2