+ Is the Collaborative Divorce Process Right for My Family?

In order to help divorcing spouses determine if Collaborative Divorce is right for their situation, Stuart G. Webb and Ronald D. Ousky, co-authors of “The Collaborative Way to Divorce,” ask spouses to separately rate 10 statements using a scale from 1-5. Open the printable test below and then read to interpret your results.

Is a Collaborative Divorce Right for You?

Interpreting the Results

+ How Does the Collaborative Divorce Process Actually Work?

When divorcing spouses decide to pursue a Collaborative Divorce, each spouse hires a collaborative lawyer. In the first four-way conference, the parties and their attorneys sign a Participation Agreement where they agree not to go to court. They will also discuss the parties’ goals moving forward and sometimes determine whether it is appropriate to engage additional experts such as child and financial specialists to assist them in the decision-making process.

In additional four-way conferences, the parties exchange information, continue to identify issues and interests, brain-storm solutions and ultimately engage in decision-making. The attorneys will then prepare a Settlement Agreement, which the parties will execute. Spouses typically meet with their individual attorney privately prior to four-way conferences.

Four-way conferences are traditionally held in a conference room at one of the attorneys’ offices and are attended by both spouses and their attorneys. We have found that platforms such as Zoom and WebEx are excellent in the collaborative setting and we encourage using them, particularly given the COVID-19 pandemic.

+ How are Collaborative Divorce & Mediation different?

One of the most frequent questions we get is how Collaborative Divorce differs from Mediation. Mediation sessions include both spouses and a mediator, who is a trained neutral third party that works with both spouses to reach a settlement of all their issues. The mediator doesn’t have to be an attorney. Even if the mediator is an attorney, s/he is prohibited from giving the parties legal advice. In either situation in order to get legal advice, the parties will each need to hire their own attorneys.

If the parties, through a mediator, reach a solution then the mediator typically drafts a memorandum memorializing that agreement. This memorandum is provided to both parties’ attorneys for review, finalizing and submission (if necessary) to the court.

+ How are Collaborative Divorce & Divorce Litigation different?

Confidentiality. Like nearly all litigation, divorce proceedings are open to the public. Each time a document is filed, that document becomes part of the public record that anyone is able to access. The collaborative process is a private matter, providing confidentiality to the participants, their families and their businesses.

Who’s in Control. In divorce litigation, a judge determines how property is distributed, how cash flow is controlled, and what the custody schedule will be. In a collaborative divorce process, the parties themselves fashion a resolution that meets both the parties’ and their children’s needs.

Speed of Resolution. The speed in which a case is resolved is ultimately dependent upon the facts of each specific situation. However, in the collaborative process the parties have contractually agreed to full disclosure and open communication, which helps assure all issues are discussed in a timely manner.

The parties are also not beholden to a court’s availability (which currently is particularly limited due to COVID-19). Instead, the parties can move at their own pace based on the parties’ and the family’s needs.