| Why trust and divorce can go hand in hand | | | | traditional divorce process, are finding success with |
| The emerging field of collaborative law is viewed with | | | | collaborative law. In order to understand how |
| equal parts hope and skepticism. On one hand, courts, | | | | collaborative divorce works, it is important to |
| lawyers and divorcing couples, especially those with | | | | understand the concept of process trust. |
| children, have struggled to find a way to make divorce | | | | There is a difference between trust between the |
| less bitter and less emotionally draining. In a | | | | parties and trust in the process. Collaborative divorce |
| collaborative divorce, the parties seek to minimize the | | | | creates an environment of process trust by requiring |
| amount of pain experienced by children and parents | | | | full disclosure and enforcing the parties obligation to do |
| by agreeing not to go to court and instead to | | | | so. A collaborative divorce lawyer must make full |
| participate in a series of negotiations to address all | | | | disclosure, and correct and mistaken assumptions on |
| aspects of their divorce. The parties agree that all | | | | the part of the other party. And the lawyer must insist |
| discussions and information provided remains | | | | that his or her client do so as well. In traditional litigation, |
| confidential The parties are not permitted to use | | | | a lawyers role is to advance the position of their client |
| threats of litigation, custody or otherwise. | | | | without regard to the interests of the family. This type |
| Collaborative divorce seems like a good concept in | | | | of "winner takes all" mentality may work well in a |
| theory but not in practice. When it comes to divorce, | | | | business context, but not in a divorce where the focus |
| there is often a lack of trust between the parties and | | | | is supposed to be on the best interest of the children. |
| a great deal of anger. Most couples seeking to divorce | | | | In a collaborative divorce, lawyers work not as |
| have problems communicating with one another, which | | | | opposing counsel but, instead, as members of a team |
| has often contributed to the decision to divorce. It | | | | that is committed to achieving the best result for both |
| seems hard to believe that two people who are | | | | parties and their children. |
| unable to communicate will be able to do during this | | | | Collaborative divorce is not a fix all solution. Neither is |
| emotional and difficult period of their lives. When | | | | protracted litigation over financial assets or a drawn |
| presented with this concept, many people respond | | | | out custody battle. The difference is that, with |
| that, if they could communicate, they wouldn't be | | | | collaborative divorce, parties can create an |
| getting divorced in the first place. | | | | environment that encourages them to move forward |
| At first glance, it seems unlikely that two people who | | | | and which preserves financial resources and helps |
| can't get along will be able to discuss their divorce in | | | | protect their children. Although trust between parties |
| such a calm and reasonable manner. But a growing | | | | may have been lost, process trust can be created and |
| number of collaborative divorce practitioners, | | | | can help the parties move forward. |
| themselves disenchanted with the hostility-driven | | | | |