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Collaborative Practice is distinguished from traditional litigation by its inviolable core elements. These elements are set out in a contractual commitment among the clients and their chosen collaborative professionals to:
- Negotiate a mutually acceptable settlement without court to decide any issues for the
clients. The parties pledge in writing not to go to court except for a final hearing and agree to withdrawal of the professionals if either client goes to court
- Engage in open communication and information sharing and face-to-face discussions between the parties and their lawyers which lead to an agreement
- Create shared solutions that take into account the highest priorities of both
clients. This respectful, problem-solving approach, often with the assistance of trained financial experts, child specialists and divorce coaches, replaces the often adversarial process of conventional divorce.
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Collaborative Practice offers many distinct advantages over traditional divorce litigation:
- You keep control of the process yourselves, without going to court
- Children's needs are given priority
- All parties commit to reaching agreement through a problem-solving approach
- An atmosphere of respect preserves self esteem
- Open communication allows everyone to express needs for moving forward and provides new tools for effective problem-solving in the future
- There is full disclosure of facts and information
- Face-to-face meetings in the presence of lawyers make negotiations direct and efficient and allow for mutually created resolutions
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To determine if Collaborative Practice is right for you, ask yourself if these values are important:
- Working creatively and cooperatively to solve issues
- Keeping control of the divorce process with you and your spouse, and not relegating it to the court system
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| Collaborative Practice is designed to minimize the hurt, the loss of self esteem, the anger and alienation that occur too frequently with divorce.
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