Collaborative Law is an emerging model for dispute resolution in which both parties to the dispute retain separate, specially-trained lawyers whose only job is to help them settle their marital case. If the lawyers do not succeed in helping the clients resolve the problem, the lawyers are out of a job and can never represent either client against the other again. All participants agree, by contract, to work together respectfully, honestly, and in good faith to try to find "win-win" solutions to the legitimate needs of both parties. No one may go to court, or even threaten to do so, and if that should occur, the Collaborative Law process terminates and both lawyers are disqualified from any further involvement in the case. Lawyers hired for a Collaborative Law representation can never under any circumstances go to court for the clients who retained them.
In collaborative family law the process includes voluntary production of financial documents, four-way conferences, negotiation, and where needed, outside engagement of joint professionals such as accountants, financial planners and family counselors. While some lawyers may refer to themselves as being collaborative in style, true collaborative lawyering requires commitment, usually contractual or organizational, to the "no court" aspect of the process. Each party has quality legal advice and advocacy built in at all times during the process. Even if one side or the other lacks negotiating skill or financial understanding, or is emotionally upset or angry, the playing field is leveled by the presence of the skilled advocates.
The collaborative model provides an opportunity and an incentive for parties and lawyers to use their best efforts to reach agreement. If this is not possible, then by the terms of a written agreement between the parties and their attorneys, the parties are free to seek new and separate litigation counsel. Lawyers therefore have an incentive to facilitate agreement, rather than to foster conflict between the parties. In the event that the collaborative process is unable to resolve all the issues in dispute between the parties, agreements reached during the collaboration can be preserved, and litigation can focus on the remaining issue or issues, limited and defined by the less expensive collaborative process.
