Collaborative Practice
This is a process to resolve family disputes without resorting to Court or any adjudication by a third party. All the professionals involved will need to have been specifically trained, and the parties and the involved professionals will all sign an agreement (“the Participation Agreement”) committing not to litigate the matter in Court. This is very much a bespoke process, catering to the specific needs of the family.
The parties and any professionals involved (lawyers, financial advisors, family consultants, mediators, and/or psychologists) will work as a team in the process, with the professionals providing support as relevant and needed in a case. Save for the lawyers, the experts will usually be brought in on a joint basis to enable neutral advice and guidance to be provided. Even though independent lawyers are retained to represent each of the parties, they are uniquely motivated to avoid grandstanding and to promote a collaborative approach because they must stand aside if the negotiations fail and the couple resort to contentious Court proceedings. This process, therefore, directs the focus of all involved parties to reach a settlement amicably, and if the negotiations should fail, in addition to the lawyers and their firms, all other professionals involved in the process will not be able to participate in any Court proceedings that may follow. This encourages all parties to be invested in its success.
Another attraction of this process is that the parties voluntarily disclose all information which is relevant and material to the matters to be resolved. They are also able to obtain legal, financial and other advice right away as they explore a resolution in the meetings. The parties are encouraged to discuss matters freely and honestly, in good faith and without a hidden agenda to reach a mutually acceptable resolution. No proceedings will run in parallel, so it is a genuine cease-fire/moratorium in any litigation. The parties essentially decide the outcome with help from lawyers and other experts.
Furthermore, it allows the parties to retain control in timing, agenda, and priority to be given to the issues to be discussed and reach an outcome which they have formulated through careful consideration.
If this is something you would like to engage in, then you will need to discuss it with your spouse, and they will need to instruct a lawyer who is trained in this process. You and your spouse should also engage in neutrals such as family consultant/therapist.
The biggest difference between Collaborative Practice and other dispute resolution processes is that there could be ongoing litigation at the same time and so this is not a complete moratorium. Indeed, litigation can take place in parallel for all other processes except Collaborative Practice.