Problem-solving negotiation lies at the heart of all alternative dispute resolution.  Mediation is well known as an effective and accepted method of negotiating disputes and conflicts.  However, the willingness to come to the table using a concept known as collaborative law takes negotiation to the point of being both the "means" and the "end" to resolving disputes.

The concept of Collaborative Family Law was started over a decade ago by Stu Webb, a lawyer out of Minnesota.  Disgusted with the animosity and acrimony (which often was as pronounced between the attorneys as it was with the litigants) that were the trademarks of a traditional domestic relations practice, he decided that "there had to be a better way."  The idea of earnestly sitting together with his opponent, client and his client's spouse and finding the common ground necessary to resolve the custody, support, property division and fee issues appeared to be the natural 180 degree evolution into what became known as the "collaborative" law process.  Here is a brief synopsis of the newest concept in the family law ADR field. 

What is Collaborative Family Law?

Collaborative Family Law is designed to resolve disputes arising out of divorce, separation, child custody, maintenance, asset division and other family conflict using non-adversarial techniques and cooperative strategies to negotiate a fair settlement without resorting to costly litigation.

Each person involved in the family law dispute is represented by a specially trained lawyer to provide him or her with legal advice and negotiating assistance in the resolution of the dispute.  A series of "four way" meetings, with the parties and their attorneys, are held to discuss and resolve the disputed issues. Each participant is seeking practical, reasonable and fair solutions. If negotiations break down or one party terminates the collaborative process, the  lawyers cannot represent their clients in the resulting litigation.  Settlement is the only agenda.  With this process, Collaborative Family Law brings a new perspective to resolving family conflicts. 

Once an agreement is reached, a written document will be prepared by one of the attorneys, approved by everyone and ultimately presented to the Court for final approval.

How Does Collaborative Family Law Differ From Traditional Court Procedures?

Lawyers have traditionally been trained to be one-sided all-or-nothing advocates for their clients.  With Collaborative Family Law, the goal from day one is to settle the case out of court and resolve the problems -- not to "win" and make the other side "lose".  The high financial and emotional costs of lengthy court battles are eliminated. 

A key feature of Collaborative Family Law is the contract entered into by all participants.  This contract requires full financial disclosure by both parties of all relevant financial issues and good faith participation in the process.  The contract requires that the attorneys withdraw from the case if either person in the dispute decides to fight in court instead of continue the collaborative process or if they believe their client is not participating in the process in good faith.  This provides a strong incentive to stick it out in the negotiations and removes antagonistic threats of going to court from the process.

What are the Advantages of Collaborative Family Law?

There can be many advantages.  The persons involved in the dispute have the opportunity to determine what a fair result is; as opposed to being forced to accept what the judge believes is a fair result.  Collaborative Family Law meetings allow for brainstorming and creative solutions; whereas court solutions are frequently limited to traditional concepts and are often strictly framed by applicable statutes.  Collaborative Family Law meetings are private and can be scheduled at the convenience of the parties and their attorneys;  Court appearances are open to the public and are scheduled at the court's convenience.  The Collaborative Law process can occur as quickly as the persons involved desire; there is no need to wait for crowded Court dockets.    

Most family law cases are resolved by settlement, but often not until the parties have engaged in a lengthy and expensive adversarial litigation process.  Collaborative Law is less expensive and allows the parties to avoid adversarial litigation and to focus their resources on fashioning their settlement agreement rather than preparing for a trial that most often does not occur.

How are Legal Rights Protected?

Each party is represented by his/her respective, competent, specially trained attorney who will advise him/her every step of the way.  To facilitate the free exchange of information and eliminate the adversarial techniques of discovery such as interrogatories and depositions, the collaborative contract provides for a complete disclosure of relevant information and documents.  The process allows for the hiring of jointly retained expert witnesses (i.e. accountants, appraisers; child psychologists, etc.), if necessary, to provide necessary expertise to resolve disputes.

What Types of Cases Can be Resolved by Collaborative Family Law and How?

Collaborative law can be successfully utilized in almost all types of family law cases, including divorces, paternity cases, modifications of prior decrees and third party or grandparent custody or guardianships.

In St. Louis, a group of 25 experienced family law attorneys who are also mediators have received extensive  training in the collaborative law method from several national experts and have formed the Collaborative Family Law Association.  Parties wishing to work together with another disputant in a respectful and fair way to negotiate and resolve their dispute can now utilize collaborative principles of problem solving in the St. Louis and St. Charles area.

The practice of collaborative family law takes vision and commitment.  Throughout the United States and Canada, the concept has already received positive acclaim and recognition.  Texas has encouraged its use by adopting statutes for collaborative family law procedures in divorces and other family law cases.   Collaborative law is an idea whose time has come. 

To learn more about Collaborative Family Law, visit the Collaborative Family Law Association website at http://www.collaborativefamilylaw-mo.org.