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What is collaborative family law?
Collaborative family law is a divorce process in which, first and foremost, both parties pledge their commitment to resolution without resorting to litigation. The parties and their collaborative counsel work together to tailor the process to address the specific needs and issues at hand. After an honest exchange of information, interest-based negotiations seek mutually beneficial resolutions that take into account the highest priorities of the parties.
Within the collaborative process, the parties learn a framework for effectively communicating their concerns and goals. Further, the collaborative process ensures that the attorneys work in good faith with the parties to avoid an impasse and stay out of court. Finally, the collaborative process allows parties to retain their privacy, to have control over outcomes, and to maintain the civil relations necessary to co-parent children into the future.
Who should be interested in collaborative family law?
Collaborative family law is a viable option if you:
1. Desire to protect your children from the harmful effects of a high conflict dispute
2. Seek to keep private financial and business matters out of the public domain
3. Wish to retain control of your matter, instead of ceding control to the Court system
4. Want to maintain an atmosphere of fair play and respect, even in areas where there may be disagreement
5. Value discussing and weighing each party's needs
6. Prefer to put aside the pain of the moment to plan for a better future
7. Seek to operate in a creative, customized environment that encourages joint problem solving for mutual benefits
How does an interest-based collaborative negotiation
work?
The parties and their attorneys join in a written commitment to negotiate a settlement, through a series of planned four-way meetings, without resorting to litigation. Honoring the collaborative commitment, the parties utilize an interest-based negotiation process which generally has four stages:
1. Free and voluntary exchange of facts and information
2. Identification and mutual disclosure of interests and values
3. Generation of all available options
4. Mutual assessment of options to find areas of mutual gain and benefit
What can I do to learn more about collaborative family law?
Anyone who is interested in learning more about collaborative family law can read many informative articles available at the website for the International Academy of Collaborative Professionals (IACP), www.collaborativepractice.com.
In addition, our firm recommends that our clients consider reviewing the following books, which are available through most bookstores or by visiting www.penguinputnam.com or www.harpercollins.com:
1. Getting to Yes, Fisher/Ury/Patton (Penguin Books, 2d Ed. 1991)
2. Difficult Conversations, Stone/Patton/Heen (Penguin Books 2000)
3. Collaborative Divorce, Tesler/Thompson (Regan Books 2006)

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