The Collaborative divorce team is made up of Collaborative Attorneys, Collaborative Coaches, a neutral Financial Specialist and a neutral Child Specialist. This article will look at the role of the Collaborative Attorney in more depth.
Collaborative Divorce offers an alternative to traditional models of divorce. In traditional models, the husband and wife each hire a litigating attorney and they “battle” through the divorce process, often ending up in court where a judge makes decisions. In traditional divorce, a “win/lose” mentality exists with each side trying to “get the most” they can. The parties often gather as much negative information or “evidence” as they can in an effort to make themselves look good while making the other side look bad.In Collaborative Divorce, the parties engage in a process of negotiating and reaching agreement on all aspects of the divorce. They do this with the assistance and support of a highly trained professional team. There is no “battle” because there is no court and there are no judges making decisions for the family. This does not mean that Collaborative Divorce is not a legal process and one that involves the law. Divorce, by definition, is the ending of a legal relationship, known as marriage. Thus, Collaborative Divorce, by definition, involves legal elements. Therefore, attorneys are integral to the process.
First and foremost, a Collaborative Attorney and his/her client clearly understand and agree that if the case is unsuccessful in the Collaborative model that the attorney will not represent his/her client in a litigated divorce. The “Non-Participation” agreement is fundamental to the Collaborative process. In fact, all members of the Collaborative team sign such an agreement.
The Collaborative Attorney is an advisor about legal issues of course. However, the advice is given in view of a desire to craft creative solutions to the issues that need to be addressed. The Collaborative Attorney helps his/her client to articulate his/her point of view and desires in the context of what is best for the overall family rather than with a focus on their individual desires.Indeed, the Collaborative Attorney also helps his/her client to talk about their sense of what the other side is feeling and needing. This helps to build empathy, team work and a collaborative stance from the beginning. The Collaborative Attorney, therefore, represents the interests of their client but they are always guided and informed by what works for settling disputes through negotiation rather than through litigation.
Collaborative Attorneys work, together with the other members of the Collaborative team, to reach agreements as partners rather than opponents. Thus, a Collaborative Attorney, may, if appropriate, be overtly supportive of the other party and may, if appropriate, help their client see ways in which their behavior or stance is counterproductive to producing a negotiated settlement. Collaborative Attorneys are not simply concerned about the outcome of the negotiations – they are deeply concerned about the process of the negotiations and how the couple communicates.
This is because ultimately, the goals of Collaborative divorce goes beyond reaching an agreement. The goals include helping the parties accomplish a healthy transition from being married to being divorced in a manner that allows them to respect themselves and respect their former spouse.
Thus, the Collaborative Attorney provides legal advice and counsel to his/her client and assures that the client’s rights are protected and that the client’s responsibilities are fulfilled. However, the Collaborative Attorney is not a “zealous advocate” for his/her client as in the litigation model. Instead, the Collaborative Attorney is a “zealous advocate” for the family, for the well being and higher interests of the transitioning family unit.
The Collaborative Attorney, much like all members of the Collaborative team, seek to accomplish a “win/win” situation in which the divorce facilitates a healthful transition for the members of the family and truly place them in a situation where they can heal and grow.
