Collaborative Law is a voluntary process in which the parties pledge to resolve their dispute outside of court. 

Collaborative Law is a unique process for negotiating the legal issues involved in obtaining a divorce without the involvement of the courts. Each spouse retains his or her own attorney who is trained in Collaborative Law. In New York, attorneys are certified as Collaborative Lawyers by the New York Association of Collaborative Professionals. When the parties to a dispute opt into Collaborative Law, they sign a Collaborative Participation Agreement. Under the agreement, both the parties and their lawyers pledge not to involve the Court while working towards resolving the various issues at hand. Should one party file in court, both would be required to hire new counsel. 

How does it work?

In Collaborative Law negotiations, the parties and their attorneys meet together to discuss issues and work towards solutions. The Collaborative process may involve one or more consultants, such as financial specialists, divorce coaches, or child specialists, who provide clear insight and help the parties negotiate. A successful Collaborative process hinges upon the parties’ commitment to working toward resolution in good faith and with full disclosure of all information relevant to the dispute.  Such a process need not be free of conflict, however.

Who is Collaborative Law for?

Collaborative Law is well suited for people who want to work in a non-adversarial way (like mediation) but feel they would prefer to have an advocate by their side as they negotiate. The process allows the parties to avoid escalating conflict as they generate solutions for their family’s future, and it’s safeguarded by both the presence of the attorneys, who advocate for their clients’ interests, and the Collaborative Participation Agreement, which dissuades the parties from escalating the dispute to the courts. 

Collaborative Law is not well suited to highly contentious cases where there is a greater likelihood that judicial intervention will be necessary, as the parties risk losing the advocate they selected if that occurs. The decision of which process to choose for your divorce is an important one; potential clients should discuss the options with his or her attorney early on, often before signing a retainer agreement.  

How is Collaborative Law different from mediation? 

When done well, Collaborative Law negotiations may feel similar to mediation; both processes are designed to be non-adversarial and creative. However, there are some critical differences between the two processes. In Collaborative Law, each party is represented by counsel who advocates for his or her interests. In mediation, the mediator does not advocate for either party’s interests (although the parties may hire a reviewing attorney to do so). Additionally, the Collaborative Participation Agreement creates a strong incentive for the parties to commit to resolving their dispute outside of court.