My Collaborative Team/Attorneys
The Collaborative divorce lawyer is, in the truest sense, a counselor at law. He, or she, serves as a resource, an educator, and as a reasoned advocate for his or her client, and, ultimately, as a protector of the Collaborative Divorce Process.
Because the Collaborative law process focuses on constructive problem solving rather than engaging in an adversarial process by filing motions or critically attacking the other side the collaborative divorce attorney manages divorce cases differently, reflecting behaviors consistent with the Collaborative Process rather than that of a traditional attorney.
The Collaborative divorce lawyer is expected to identify relevant issues in the divorce, anticipate conflict, and work towards managing the Collaborative Process in a manner that ensures his or her client is aware of their legal rights and obligations relating to property, alimony and to the spouses' children while still achieving a satisfactory resolution for all Participating Collaborative Professionals of the family.
Unlike lawyers working in a traditional, adversarial, and litigated divorce, the Collaborative divorce lawyer maintains an obligation to “the other side” to provide reassurance that both parties are actively endeavoring to solve issues in the best possible way and that it is being done so in good faith.
Because the Collaborative Process calls for everyone to actively work together (as opposed to against) towards one common goal the Collaborative divorce lawyers, along with the process facilitator, are there to help the divorcing spouses keep focused on what is really important in mind.
Collaborative divorce lawyers are trained to, and work at, “breaking the mold” of advocating for spouses. In a typical litigated divorce model, the parties argue over all issues both small and large. The Collaborative Process allows the lawyers and their clients to instead focus on emotionally charged issues through a calmer kinder process. The goal is to provide as harmonious a post-divorce adjustment for the spouses as possible.
The Collaborative divorce lawyer, along with the rest of the Collaborative team, can be expected to work together, and to model behavior for the benefit of the parties. The ultimate outcome is guided through a process of cooperation and resolution making use of disagreement as a way to achieve creative solutions to problems.