Collaborative Practice, including Collaborative Law and interdisciplinary Collaborative Practice, is a way for you to resolve disputes respectfully -- without going to court -- while working with trained professionals who help you focus on what matters to you.

The heart of Collaborative Practice is to offer you and your spouse or partner the support, protection, and guidance of your own lawyers without going to court. Additionally, Collaborative Practice allows you the benefit of child and financial specialists, divorce coaches and other professionals all working together on your team. All professionals involved in your case commit to an interest-based negotiation process.

In Collaborative Practice, you commit by contract to:

• Negotiate a mutually acceptable settlement without having courts decide issues.
• Maintain open communication and information sharing.
• Create solutions that meet the needs of your family.

Family separation is a sensitive personal matter. No single approach is right for everyone. Many couples find Collaborative Practice a welcome alternative to the often destructive, uncomfortable aspects of conventional approaches to separation.

If these values are important to you, Collaborative Practice is likely to be a workable option for you:

I want to maintain the tone of respect, even when we disagree.
I want to prioritize the needs of our children.
I recognize that my needs and those of my spouse require consideration.
I believe that working creatively and cooperatively solves issues.
It is important to reach beyond today's frustration and pain to plan for the future.
I can behave ethically toward my spouse.
I choose to maintain control of the separation process with my spouse.

Does this path sound and feel comfortable for you? We suggest that you talk to a Collaborative professional about your situation to help you make the best decision.

Collaborative Practice has three key elements:

1. The voluntary and free exchange of information.
2. The pledge not to litigate (go to court) and the withdrawal of both lawyers and other team professionals if either party goes to court.
3. A commitment to respect for both parties' needs.

Collaborative Law describes the legal component of Collaborative Practice, made up of you and your lawyers. Collaborative Practice usually includes other professionals, in addition to your lawyer, such as family professionals, child specialists and financial specialists.

In mediation, an impartial third party (the mediator) assists the negotiation of both parties and tries to help settle your case. However, the mediator cannot give either of you legal advice or be an advocate for either side. If there are lawyers for each of you, they may or may not be present at the mediation sessions, but if they are not present, then you can consult them between mediation sessions. When there’s an agreement, the mediator prepares a draft of the settlement terms for review and editing by both you and your lawyers.

Collaborative Practice allows you each to have your lawyers guide the negotiation process and keep settlement as the top priority. The lawyers, who have training similar to mediators, work with their clients and one another to assure a balanced, effective process. When there is agreement, a document is drafted by the lawyers, and reviewed and edited until everyone is satisfied.

Both Collaborative Practice and mediation rely on voluntary, free exchange of information and commitment to resolutions respecting everyone’s needs. If mediation doesn’t result in a settlement, you may choose to use your lawyer in litigation. In Collaborative Practice, the lawyers and parties sign an agreement aligning everyone’s interests in settlement. It specifically states that the Collaborative lawyers and other professional team members are disqualified from participating in litigation if the Collaborative process ends without reaching an agreement. Your choice of mediation or Collaborative Practice should be made with professional advice.

A Collaborative team is the combination of professionals that you choose to work with to resolve your dispute. It can be simply you and your Collaborative lawyers. In addition to your Collaborative lawyers, you can choose to include a neutral financial professional, family professionals, a child specialist or other specialists you and your spouse believe would be helpful. Your "Collaborative team" will guide and support you as problem-solvers, not as adversaries.

Family separation is both an ending and a beginning. Collaborative Practice helps you anticipate and include your need to move forward, and makes the future of your children a top priority. As a more respectful, effective negotiating process, Collaborative Practice supports your family in a smoother transition to the next stage of your lives.

The cost will depend on the complexity of your situation and the level of cooperation you and your spouse bring to the negotiation. However collaborative practice is typically much less expensive that going to court. Utilizing the services of professionals with specific skills to meet your needs can reduce your over all cost.

Click on Find a Professional and contact any one of the CPPEI professionals. Each professional can provide more information about your options and help you decide on the right process for you and your family.