Virginia Divorce & Custody Law

How does collaborative law work for family law disputes?

The Collaborative Law process requires the parties to agree to this form of dispute resolution up front. A Collaborative Participation Agreement is signed by the parties and their attorneys. The parties commit themselves to settling their dispute without adversarial court intervention. The collaborative process is concluded by a collaborative settlement agreement, singed by the parties, resolving all matters considered in the collaborative process, or such portion of those matters as they were able to resolve.

During the collaborative process neither party will file any pleading or motion in court, nor will either party initiate court intervention during the collaborative process. If either party initiates court process then the collaborative process is terminated.

If the collaborative process fails, both attorneys and their respective law firms are disqualified from representing either party in the ensuing divorce process because what may otherwise be confidential client information has been shared between the parties and counsel.

The parties also agree to full disclosure of all relevant financial and personal information without the necessity of formal court procedures (commonly referred to as discovery). This self-disclosure requirement is a major distinction between collaborative process and litigation process.

What makes collaborative law different from other types of alternative dispute resolution?

Discussion about the process of Collaborative Law:

What makes collaborative law different from other types of alternative dispute resolution?

Collaborative Law approaches divorce in a teaming manner. The parties each have counsel and if the case warrants it, each party can have a Coach (a/ka Therapist). There can also be a child specialist in high conflict or stress situations involving children and there can be a Financial Planner to work through financial issues including division of assets, determining support (spousal and child).

Regular meetings of the "team" are held to review the status of the case and work towards resolution of the parties issues..

The parties agree at the outset not to discuss their case with each other outside of the collaborative process.

A major difference between the collaborative law process and mediation is that each party is represented and there is often a team as opposed to one neutral mediator who hears both parties viewpoints and tries to "mediate" a resolution satisfactory to both parties. Mediation is often just one or a few number of meetings. Mediation also often focuses on only on one or a few aspects of a divorce case such as custody and visitation issues. Collaborative law resolution of a divorce is a comprehensive view towards resolution of all issues in a cooperative and no-adversarial manner.

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