By: Anthony C. Adamopoulos
MDRS Neutral and Guest Blogger
THE DIFFERENCE:
The Collaborative Divorce Process is so much better because it is the only process where the attorneys are committed, by written agreement, to concentrate on settlement, AND, if they cannot get a settlement, they cannot represent you in litigation.
The difference is truly transformative in divorce law. In litigation, divorce attorneys cannot say that their first and only priority is to get a settlement. Collaborative Attorneys can and do.
THE PROCESS:
First, you must be committed to a quick and less expensive resolution of your divorce; rather than winning in court litigation.
Once you are committed to a quick and less expensive resolution, you each select your own Collaborative Attorney who is specially trained to practice Collaborative Divorce. Not all attorneys are certified to be Collaborative Attorneys.
You, your spouse, and the two attorneys then sign a contract committing all efforts to resolution.
The next real difference from litigation is that you and your spouse, with the guidance of your Collaborative Attorneys, will then use two key experts – a Financial Neutral and a Facilitator Neutral. Your Facilitator expedites the process by helping you and your spouse identify short and long term goals and overcome inter-personal roadblocks. Your Financial Neutral expedites the process by analyzing the unique needs of your family, identifying tax provisions related to those needs and creating realistic plans to preserve family income and property. And, the neutrals will bill at fees below the attorneys’ fees. This means that unlike other divorce situations, if, for example, you and your spouse disagree over a parenting plan, the Facilitator Neutral will help resolve the parenting problem at a lower rate than the attorneys’ fees. Or, if there is a disagreement over whether to sell the house, the Financial Neutral will work on a resolution rather than the two higher paid attorneys.
In resolving issues that are delaying settlement, neither the attorneys nor the neutrals will be concerned about “winning”; they will concentrate on meeting the real needs of you and your spouse rather than any psychological “want to win”.
