Divorce can be one of the most difficult times in a person’s life – with lasting impact not only on the spouses, but also any children involved. What if there was a pathway to divorce that led to a healthy co-parenting relationship rather than a wake of destruction? Collaborative divorce is an option outside of court where divorcing couples work together, with the guidance of collaborative lawyers, to solve their legal problems and make important decisions about their assets, finances, and the custody of children.
One of the goals of the collaborative divorce process is to preserve the parties’ relationships, despite their legal disagreements, for the sake of their family and their children. When parties engage in a collaborative divorce process, they agree to a full and voluntary exchange of relevant information. After exchanging information, the collaborative lawyers use an interest-based negotiation model, which is a problem-solving approach that focuses on the needs, desires, fears and concerns of the parties rather than only their stated positions or demands.
What Are the Benefits of Collaborative Divorce?
In the collaborative divorce process, the lawyers utilize active listening techniques and empathetic communication skills to peel back the layers of the onion to get to the motivation or the “why” beneath each party’s positions. Once the parties better understand each other’s underlying needs and interests, they can more effectively brainstorm a possible solution that will maximize the potential to meet both parties’ needs.