Collaborative Law

Reese Law Office now offers collaborative law, a dispute-resolution process that is a cross between mediation and litigation which gives many people exactly what they want — a non-adversarial and mutually acceptable settlement of custody and visitation, property, divorce, and post-divorce issues. Collaborative divorce, one aspect of collaborative law, is designed to be less painful than traditional divorce, as both parties agree and sign a binding collaborative contract to openly share information and work to resolve conflicts without resorting to litigation. The parties are not trying to "win" but are agreeing that the best solution for each of them is the one that is best for the two family structures that will exist after divorce.

In collaborative divorce, each party has an attorney who will advise them and represent their interests to the collaborative team. The collaborative team is made up of the parties, their counsel, any needed mental health professionals (either as a child specialist or a parenting specialist in most cases), financial specialists (including tax specialists and financial planners), and any other professionals that may be needed to help the parties understand the other's position and what the options are for the best possible solution. For example, an educational specialist may be used if the parties are trying to determine the best course of action for a special needs child when finances are not unlimited. The comprehensive team encourages an open and thoughtful discussion and helps identify resolutions that leave each party more knowledgeable and less emotionally distraught.

A unique aspect of the collaborative process is that the attorneys are not permitted to continue to represent a party if the collaborative process is unsuccessful or litigation ensues during or after the process. This is because the collaboratively engaged counsel will have knowledge about the other party's case, which would not otherwise have been disclosed, but for the collaborative process. The fact that new counsel would have to be engaged also serves as an incentive to make the most of the initial investment in collaborative law by sticking with the process until a resolution is reached.

Collaborative divorce may be less expensive than divorce using the usual methods because all parties come to an agreement without court hearings, depositions, and the preparation time required in adversarial conflicts. The cost, however, depends on how quickly the parties can reach an agreement and what assistance they may need from other professionals, such as mental health or financial specialists. Best of the all, the emotional costs are lower because everyone's goals are achieved in a respectful and fair process.

Even if spouses agree to divorce amicably, the guided assistance of professionals is invaluable in moving the process to a swift and fair resolution. Sometimes spouses need reminders to move from negative patterns of communication to presenting their needs in a positive manner, so that the all participants can hear and respond to them. The added benefit is best demonstrated by the application of these principles in the parties' future dealings with each other.

Ms. Reese is a member of the Collaborative Dispute Resolution Professionals, Inc., Collaborative Professionals of Northern Virginia, International Academy of Collaborative Professionals, and Virginia Collaborative Professionals.

FAQ

Why do I need a lawyer if my spouse and I agree to settle issues amicably?

Even couples who agree to divorce amicably often need help resolving difficult financial and child custody issues. In collaborative divorce, each party is guided to an informed agreement by professionals experienced in the process. Having an advocate for the fair settlement of all issues can lead to a more satisfactory settlement to both parties and less emotional strife.

How is collaborative divorce different from mediation?

In mediation, the mediator cannot give legal advice to either party, and there may not be full disclosure from the other party. In collaborative divorce, the attorneys can advise and draft the actual divorce settlement, while maintaining the stated goal of settling in both parties’ best interests with all the information they need.

How much does it cost?

Collaborative divorce is often less expensive because the parties come to the table ready to resolve their differences, and no legal preparation is necessary for lengthy or adversarial court proceedings. The emotional costs are often lower as well.

Is this process for anyone who wants an uncontested divorce?

Both parties need to agree to this process and choose attorneys who are trained in collaborative law. It may not be an option in instances of spousal abuse or in those with mental illness or addiction issues.

What happens if an agreement is not reached?

The collaborative attorneys withdraw, and participants can choose another method of resolution, such as mediation or arbitration. If court hearings are required, new counsel is engaged, with the collaborative attorneys providing information that has already been gathered.

Read all of our Frequently Asked Questions.