If you would like to get divorced without going to court, but you lack confidence in your husband’s ability to independently negotiate a settlement or mediate an agreement with the help of a neutral mediator, you may want to consider a collaborative divorce.

In a collaborative divorce, you and your husband each have your own specially trained collaborative lawyer who work with you to collectively, confidentially and privately, settle your divorce. You may also work with your own collaborative divorce coaches, a neutral financial consultant and a child specialist, if necessary. With the help of this interdisciplinary team, you, your husband and your team will meet privately and work to “bring about a mutually satisfactory settlement of all issues” in your divorce and ultimately, reach a divorce settlement.

In order to participate in the collaborative process, you and your husband must sign one or more participation agreements. “The participation agreement protects you. It establishes that the work of the collaborative team will be confidential.” The participation agreement also provides that your collaborative settlement discussions and associated documents may never be used in any court proceedings and “none of your team - the lawyers, coaches, child specialist, or financial consultant - may ever participate in any way in adversarial court proceedings between you and your husband.” The participation agreement may further provide that if there are threats of litigation made during the collaborative process, the process will end and your team will sever their relationships with you. (This hefty penalty is designed to ensure your commitment to work respectfully towards settlement without using court hearings or a trial as leverage in your negotiations.)

A collaborative divorce is a “revolutionary new way to restructure your family, resolve legal issues and move on with your life.” If you believe that you and your husband may be able to successfully participate in this process, find a collaborative lawyer in your area and explore the possibility.

This is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce. Technorati Tags: collaborative divorce practice interdisciplinary team alternate dispute resolution lawyer team getting divorced without court legal women woman law