Let me tell you a bit about myself. I have had a family law practice in Pasadena, California for more than 22 years. I found litigation personally distasteful. I slowly transitioned my practice to settlement to the point where I now do 100% settlement, mostly mediation. Then, just when I thought there was nothing new under the sun, a new approach to divorce blossomed-- "Collaborative Divorce."
I see collaborative divorce as an approach to divorce that falls somewhere between mediation and litigation. It is particularly beneficial when the emotions and tensions between husband and wife make sitting together at a mediation table next to impossible. It is also a valuable option when there are complex financial issues or highly charged custody issues.
The great thing about collaborative divorce is that both the husband and the wife will be represented by their own attorney, but with a twist: as part of that representation, there is the added requirement that each of these attorneys guarantees that he or she will not bring the matter into Court. The client therefore can be assured that his/her respective attorney has no hidden agenda to go to court. Each attorney's sole focus is on using her/his best skills to assist the parties in resolving their issues through settlement.
The added ingenuity of the collaborative approach is that other professionals can be brought into the process and become part of the team, with the mutual goal of bringing the couple through the divorce process in a humane and efficient way. These additional professionals usually are therapists and accountants. The husband and wife, with the help of the attorneys, decide the make-up of their collaborative team. It may be just two attorneys, or those attorneys plus one therapist acting as a neutral mental health professional (coach) helping with both parties, or each party having his/her own therapist (coach), and sometimes an additional therapist representing only the interests of the children (child specialist). Similar combinations can be employed in retaining financial professionals.
The bottom line is that in my opinion you will usually be better off if you resolve the divorce issues through negotiation and settlement. Collaborative Divorce is a sensible, cost effective method of reaching this goal and any minor children will certainly reap the benefit of their parents taking this more peaceful approach.
Anthony J. Hill, Esq.
