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Collaborative divorce is a process in which divorcing spouses work out an agreement without going to divorce court. The collaborative process involves private, self-scheduled meetings to determine the best solution for the family involve. The collaborative process is different from mediation, because in the collaborative process the parties receive legal advice. A mediator is not permitted to provide legal advice to the parties. The parties have the option to bring in experts to the collaborative divorce team, such as a financial neutral or child specialist, to deal with the specific needs of that family. Instead of the dueling-experts in a court process, the parties jointly pay for this expert advice, and the experts cannot later testify in court. Collaborative divorce tends to be less emotional, expensive and time-consuming than going to court.

There are very few situations in which the collaborative process should not be tried, and Ms. Risser believes most couples should try this method before going to court. If a settlement is not reached, the parties can still go to court with different attorneys. The collaborative method involves openly sharing relevant information with the other party. If a person is not willing to share relevant information or if the parties are not able to negotiate in good faith with one another, then the collaborative process would break down and the parties would end up in court. Ms. Risser believes the collaborative process is not a “golden apple” that you have to prove yourself worthy of before receiving the go-ahead to try. In most cases, the collaborative process will provide a better process and an outcome in which both parties buy into the solution, because they helped to craft the solution. In court, a perfect stranger tells the parties what they are going to do, and there is no buy in by the parties. Studies show that for most court-imposed resolutions both parties end up unhappy with the result.

Both parties hire a collaborative attorney for representation and legal advice. Most collaborative attorneys receive special training in collaborative law methods. Then, the parties and their attorneys sign a collaborative contract. Primarily, the collaborative contract states that the parties and attorneys will work toward an out-of-court settlement, the parties will openly share relevant information, the parties will jointly hire experts to help them (if needed), the parties will negotiate in good faith and if the parties are unable to reach resolution, then both attorneys would withdraw from the case. The collaborative attorneys would not be able to litigate the case in court. If the parties desire to go to court, then they would start with new attorneys. This keeps the collaborative team focused on settlement only.

The collaborative team begins with the parties and their two attorneys. If the parties and their attorneys decide other professionals are necessary, then other professionals would be hired jointly by the parties. The parties would be entitled to all reports created by the other professionals. The types of professionals a team might include are: real estate appraiser, financial neutral, child specialist, mental health professional or divorce coach. In some cases, a mediator might be brought in to facilitate a settlement. Whether additional experts are added to the team, and which experts are added, depend on the specific needs of the family and the situation. The additional experts usually help to minimize legal fees by doing work in their specific field, which keeps the lawyers from having to do everything.

It usually takes less time to reach a resolution in a collaborative process than in a court-driven process. How fast the process is can depend on the complexity of the situation, and how amenable to settlement the parties are. The collaborative process is not instantaneous, because it does take time to analyze the case, gather the necessary information, generate options for the parties, and have the parties decide on the best option for themselves. The main difference is that the parties and their attorneys drive the process, not the court system. The process can move as fast as the parties and their attorneys are able to go. In every case, Ms. Risser reminds her clients that the clients determine the settlement, not the attorneys. This really is the best part of the collaborative process. No one likes a stranger in a black robe telling them what to do.