In a collaborative divorce, you will use interest-based negotiation (which is the same technique used in mediation), but you will have an attorney by your side. Your attorney will guide you, advise you, and speak for you when necessary.
Collaborative Law allows you to be represented by an attorney while in a process where you (and your spouse) agree that the goal is a peaceful divorce settlement which maximizes the benefit to the family.
Why would I go the route of Collaborative Law?
Maybe you have read about mediation, but it just doesn’t seem right for you. Are you concerned about getting all the information you need and having some protections during the divorcing process? Maybe you don’t want an all-out war with your spouse , but you don’t feel comfortable sitting in a room and negotiating for yourself.
In Collaborative Law cases, the attorneys agree that they won’t resort to the courts like in litigation. This allows you and your spouse to keep control of certain aspects of your divorce, such as the cost and the timing. The attorneys will assist you to generate a wide range of possible solutions to all of the problems facing your family. Then, when you enter into an agreement, you will have the knowledge and time to weigh all your options. This means that you will be in a position to create the best possible agreement for your family.
Still unsure whether mediation or collaborative law is for you?
Read this blog post for a comparison of the two.
Think a Collaborative Divorce is right for you?
Rachel has been specifically trained in Collaborative Law and would be happy to represent you. If you have further questions about the process, you can or get more information at www.nyacp.org.