Collaborative Practice Silicon Valley

The most helpful facts to know about Collaborative Practice

What is Collaborative Practice?

What is "Collaborative Law"?

What is the difference between Collaborative Law and Mediation?

What is the "Collaborative Team Model?"

What is the difference between Collaborative Practice and
conventional divorce?

What does Collaborative Practice do to minimize the hostility often
present in divorce?

Is Collaborative Practice a faster way to get a divorce?

How does Collaborative Practice focus on the future?

What is Collaborative Practice?

Collaborative Practice is a new way for a divorcing couple to work as a team, in conjunction with trained professionals, to resolve disputes respectfully, without going to court. Each spouse has the support, protection and guidance of his or her own lawyer. The lawyers and the clients together comprise the Collaborative Law component of Collaborative Practice.

While Collaborative lawyers are always a part of the Collaborative process, some Collaborative models provide child specialists, financial specialists and divorce coaches as part of the spouses' divorce team. In these models the spouses have the option of starting their divorce with the professional with whom they feel most comfortable. Then they can choose the other professionals they need. The spouses benefit throughout collaboration from the assistance and support of all of their chosen professionals.

Although Collaborative Practice encompasses several models, it is distinguished from traditional litigation by its inviolable core elements. These elements are set out in a contractual commitment among the clients and their chosen Collaborative professionals to:

negotiate a mutually acceptable settlement without resorting to the court to decide any matters;
engage in open communication and information sharing;
create shared solutions that take into account the highest priorities of both spouses
withdrawal of the all Collaborative professionals if either client goes to court.

What is "Collaborative Law"?

Collaborative Law is the legal component of Collaborative Practice. It is a dispute resolution model in which both parties retain separate, specially trained lawyers whose job is to provide education, legal advice and guidance to help the parties resolve their differences. If the case is not ultimately resolved by the parties, the lawyers must withdraw and cannot represent either client in any court proceedings against the other. The parties and their Collaborative attorneys agree to work together respectfully, honestly and in good faith to try to find "win-win" solutions to the legitimate needs of both parties. No one may go to court or even threaten to do so, and if that should occur, the Collaborative Law process terminates and both lawyers are disqualified from any further involvement in the case.

What is the difference between Collaborative Law and Mediation?

In mediation, there is one "neutral" third party, the mediator, whose job is to assist the parties to resolve differences and settle their case. The mediator, who may or may not be a lawyer, does not provide individual legal advice to either party, and cannot be an advocate for either of them. Each party has a separate consulting attorney to confer with and obtain advice on his or her separate interests and concerns. The consulting attorneys may or may not be present during the mediation.

Collaborative Law was designed to allow clients to have their own lawyers with them throughout the negotiation process. These Collaborative counsel, while representing their respective clients, maintain a commitment to assist in the settlement of the case as their sole agenda. Each client thus has quality legal advice and guidance built in at all times during the process. It is the job of the Collaborative lawyers to work with their own clients and with each another to assure that the process stays balanced, positive and productive.

What is the "Collaborative Team Model?"

The collaborative team model (first developed as "Collaborative Divorce") is an interdisciplinary team approach to divorce, incorporating the three separate disciplines of law, mental health and financial planning. The professionals from these disciplines work interactively as co-equals to help families through their divorce. All Professionals on the team subscribe to the same core values and shared beliefs that none of the team members will be involved in any adversary court proceedings concerning the case, and in the event the Collaborative process is terminated by a party, all members will withdraw from the case.

Team members are selected by the clients at the beginning of the case. The professional team is ideally made up of two collaborative lawyers, one for each party, two divorce coaches, one for each party, a child specialist who represents the voice of the child(ren), and one neutral financial specialist. In the team model the couple can enter into the Collaborative process through any "door". For example, a couple might first contact a Collaborative divorce coach to begin the process, and then the couple will be guided to select their other necessary team members.

Divorce Coaches

The divorcing couple works with their divorce coaches to enhance the couple's communication skills as well as learn self-management and negotiation skills to help them during their divorce process. When they first meet individually with their divorce coaches, they work on acquiring the skills and knowledge they will need to have successful four-way meetings with their coaches as well as with their collaborative lawyers. During these meetings the couple learns how to communicate their concerns effectively and, if there are children, to discuss options for their parenting plan. These four-way coaching meetings are crucial in helping the couple to work with the rest of the team during the divorce process and will assist them in improving their co-parenting relationship as well.

What is the difference between Collaborative Practice and conventional divorce?

In a conventional divorce, one spouse files for divorce and sets in motion a series of legal steps which eventually result in a resolution of the case by the court. In this process the desires and goals of each party are most often not addressed, and their respective needs will not necessarily be met. The end result is a Judgment imposed on the couple which has been decided solely by the court. Unfortunately, spouses going through a conventional divorce often come to view each other as adversaries, and their divorce as a battleground. The ensuing conflicts can take an immense toll on the emotions of not only the spouses, but also their children.