by Tracy Thomas

Created on: December 09, 2008   Last Updated: January 21, 2010

Divorce is often associated with grief, turmoil and contentious litigation in a court of law between two parties and their attorneys. Fortunately, there is a more peaceful alternative called collaborative divorce. Created in the 1990's, the collaborative law process has spread rapidly throughout the United States and Europe and has proven to be a successful alternative to traditional divorce methods.

Collaborative law is a form of alternative dispute resolution where both parties agree not to go to court and their interests are preserved through positive communication and mutual respect. The process allows both parties to agree to resolve disputes in a respectful and humane manner through the guidance of collaborative team which can consist of attorneys, communication coaches, child specialists, financial specialists, valuation and vocational consultants.

The collaborative process is based on three principles: both parties agree in writing not to go to court; both parties agree to and have an open and honest exchange of information; and each solution reached is based on the priorities of the parties involved as well as any children and family members. A common goal in the process is to enhance healthy communication and to lay a foundation for healthier interaction between the parties after the divorce is complete. By keeping conflict to a minimum, each family member is able to move on in a more positive manner with their lives.

With the ultimate goal of reaching a mutually acceptable negotiated settlement, each party retains a collaborative attorney. These individual attorneys will gather pertinent information, provide education on options, rights and responsibilities, as well as provide negotiation on their party's behalf. Besides attorneys, the collaborative process encourages and is open to the inclusion of other mutually agreed upon specialists and professionals. Communication coaches are sometimes brought in to serve on the team and can help the individual parties develop healthy communication tools as well as deal with the raw and difficult emotions that surface.

 Financial specialists can assist with gathering and analyzing pertinent financial information, while valuation consultants can provide a neutral valuation of all assets. When children are involved, a child specialist (most often a child or family therapist) is encouraged to help the parents create a healthy parenting plan that focuses on the individual needs of each child. Vocational consultants

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