Collaborative Divorce Mediation

Going through a divorce or the end of a relationship can be a heartbreaking experience. Unfortunately, the process of separating can often increase the level of emotional distress. It’s common to view your former partner as an opponent and the divorce as a place of conflict.

These feelings of confusion, anger, and loss can be overwhelming. Divorce doesn’t have to mean a negative future. Alternatives to traditional approaches are being explored by separating couples, lawyers, mental health professionals, and financial specialists.

Divorce can be approached through the principles of Collaborative Practice, which involves three key elements: a commitment to avoid court proceedings, an open and honest exchange of information between both spouses and a solution that prioritizes the needs and well-being of both adults and their children. Essential to this approach is mutual respect, as both parties are still deserving of dignity and consideration despite the breakdown of their relationship. When respect is present, discussions are more likely to be fruitful and a resolution can be reached with greater ease.

Collaborative Divorce Mediation gives separating or divorcing individuals the opportunity to talk openly and honestly with an impartial professional. By meeting outside of the court system, in a private setting, with the support of a team of professionals including a mental health coach, individuals can resolve important matters, while staying focused on the issues at hand instead of letting hurt feelings and resentment control their decisions.

In collaborative cases, a disqualification clause prohibits attorneys from representing their clients in court, including procedures such as arbitration. Additionally, all professionals involved in the case are barred from further work and from testifying. The work products of all professionals cannot be used as evidence in court. The success or failure of collaborative practice is based on the concept of teamwork, where everyone is accountable.

A Collaborative Law Success Story is a four-part video series describing a successful resolution of a divorce between John and Diane through the Collaborative Law process.