Also known as the Collaborative Dispute Resolution Process is a method whereby the parties agree to resolve their disputes without court intervention. It is a process that is based on facilitative principles, such as mediation, but is distinct from mediation in that the parties are represented by their own attorneys who facilitate the discussion in accordance with an agreement.



In collaborative process, the participants and their attorneys agree to make a good faith attempt to reach a mutually acceptable settlement without going to court. Frequently, the involvement of other professionals such as divorce coaches, child specialists and financial advisors are used. Learn more about this with the Austin collaborative divorce.

Working together, they strive to resolve the dispute in a way that addresses everyone's legal, financial, and emotional needs. But first, they must commit to the Participation Agreement. A Participation Agreement is a contract between the parties and their attorneys setting out the guidelines to be followed in the collaborative process.

At the beginning of the process husband, wife, both attorneys and any other involved collaborative professionals sign a Participation Agreement that requires the parties to: exchange complete financial information so that each spouse can make well-informed decisions; maintain absolute confidentiality during the process, so that each spouse can feel free to express his or her needs and concerns; participate with integrity and respect; and reach a written agreement on all issues and concerns outside of contested court proceedings. Visit the Austin collaborative divorce for more information about this.

One of the most important features of collaborative divorce is a pledge signed by each lawyer to withdraw if either of the parties decides to go to court. Since both lawyers would lose the clients if an agreement is not reached, they have an extra incentive to help their clients to cooperate and find solutions that honor the concerns of both parties.

Collaborative divorces are valuable in situations where the parties have a need or a desire to maintain a relationship beyond the conflict to achieve dignified closure. But it may not be a viable option in certain situations. If there is active domestic violence, drug or alcohol addiction, serious mental illness, or an intention to hurt the other party emotionally or financially, traditional litigation or arbitration may be more appropriate. If you want more information about collaborative law practices and processes, then visit the Austin collaborative divorce for more details.