Collaborative Divorce is an amicable resolution process by which couples seeking to separate or divorce retain independent attorneys and agree to resolve their issues through mutual cooperation and negotiation without going to court. The process may be aided by other collaborative professionals, such as, a neutral financial analyst or mental health practitioner (i.e., a divorce coach or child specialist).
A key feature which distinguishes Collaborative Divorce from other dispute resolution methods is that the parties, and their attorneys, sign a participation agreement, wherein (1) the parties and their attorneys agree to work cooperatively toward settlement; (2) share all information that is necessary to arrive at a fair settlement; (3) retain neutral experts as necessary to reach a fair settlement; and (4) should a settlement not be reached, the attorneys will not be permitted to represent the parties in any subsequent court litigation. This encourages the parties to work toward common goals, and reduces the likelihood that threats or ultimatums will compromise the process.
"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man." Abraham Lincoln (1850).