Frequently Asked Questions

· Why is collaborative law a better way to handle a divorce?

· How does collaborative law work?

· What does this contract say?

· How can we get along in a series of meetings when we can not get along at home?

· How does an attorney advocate for my interests while saying this is not an adversarial process?

· How do I start a case?

· How do I talk my spouse into doing collaborative law?

· What is a “collaborative law lawyer”?

· What kind of training is involved in becoming a collaborative lawyer?

· Whose web site is this?

· Who can I call?

· Where can I get additional information about divorce law?

· Where can I get additional information about collaborative law?

· Is collaborative law cheaper than other methods?

Why is collaborative law a better way to handle a divorce?

Resolving any conflict in trial is expensive and unpredictable. The parties are placed at odds with one another and must explain their case to a third party. They are necessarily drawn to opposing positions on any unresolved issue. No matter how fairly adjudicated, no one walks away feeling as though their needs were met. The most experienced trial lawyers will tell you that courts are about as unpredictable as it gets. Virtually every judge will tell you that they are the worst possible individual to make decisions about the intimate details of your life – especially how to raise your own children!

The negotiations in a collaborative law context are based on your interests. Interest based negotiation looks to where you want to go and what you and your family really need and then attempts to discover solutions. As a group, you, your counsel, your spouse, and their counsel utilize every conceivable resource to try to find the most beneficial resolution to the problems preventing you from achieving those interests. Because no two individuals share the same interests, goals, preferences etc. it is quite possible that both parties can walk away having achieved their individual goals.

The collaborative law process is faster than working through the judicial system. If you were to solve your case in a trial, you should expect to wait months for an appropriate trial date.

How does collaborative law work?

Collaborative law begins with an agreement or contract in which the parties agree that they will work with one another to find a resolution to the problems presented. The parties agree that they will not go to court. If it comes to pass that the case does wind up litigated in a court of law neither of the two attorneys involved can participate in that lawsuit. If the parties have jointly retained experts to help them make decisions about the value of property or the best solutions to parenting time problems, these experts are also disqualified.

A series of four-way meetings occur. Each meeting lasts a specified amount of time and follows an agenda previously published. The parties and their counsel are free to work through the process in any way that the participants feel is appropriate.

The goal in the end is to arrive at an agreement that is the best solution to the host of problems that a divorce besets on a family.

What does this contract say?

The contract commits the parties to trying to resolve their differences with a minimum of conflict. The parties agree within this contract not to resort to litigation. The contract encourages the parties to retain joint experts, or consultants, to solve difficult issues. Such issues may include: what to do about parenting time and communication with the children, or the valuation of certain properties such as the marital home or a party's privately owned business. The parties are bound to negotiate in good faith. The parties agree to negotiate in a confidential environment. Offers to settle and positions taken are not later used in court.

During the collaborative law process the parties agree to the following:

Not to dispose of assets except for the necessities of life. Other expenses like money for income generation or necessary legal expenses may also be agreed to.
The parties agree not to harass one another.
The parties agree to continue all current insurance policies without a change in coverage or beneficiary designation.
The parties agree that neither one of them will permanently remove the children from the jurisdiction of the court without the consent of the other parent.
The parties agree that neither will incur any debts for which the other party would be liable.
The parties agree to notify the other of any extraordinary expenditure required to maintain the necessities of life or to generate income.
The parties agree the violation of any of these provisions may result in sanctions.

As stated above, one of the more important elements of he parties’ agreement is to promise that they will not resort to trial and it they do, they will not be represented by their current attorneys.

How can we get along in a series of meetings when we can not get along at home?

With help! By agreeing to enter into the collaborative process the parties have already clearly demonstrated that they are aware that there is important business to be conducted and careful attention to this business is necessary. One of the more important talents the attorney brings to the process is the ability to support their client during difficult times. It is the attorney's job to protect their client as well as challenge their client to present information in a way that is productive to the process and their client’s interests.

How does an attorney advocate for my interests while saying this is not an adversarial process?

No matter what the litigation context is, attorneys offer expertise, experience and special training in being persuasive. In the traditional court process an attorney is almost always presenting information to a disinterested third party. When an attorney is called upon to do that they must somehow be able to persuade this third-party that their client is more credible than the other party.

When negotiating directly with the other party, techniques that are otherwise useful become counterproductive. In order to convince your spouse of an important idea, a skilled attorney is going to explain why their proposed solution addresses the interests of the listener.

How do I start a case?

The best way to start is to request an initial consultation with an attorney skilled in collaborative law. Each individual case presents a unique set of circumstances that should be evaluated by a competent professional. Discussing the prospect of a collaborative law divorce is the sort of task that is best handled after having received good advice and support. We recommend seeking out a consultation with a qualified collaborative law attorney prior to discussing legal action or collaborative resolution of the legal action with your spouse.

Click here for our attorney list.

How do I talk my spouse into doing collaborative law?

Your attorney can provide a list of attorneys in your area that are trained in collaborative law and could assist your spouse. You can not choose your spouse's attorney. But you can point them in the direction of good resources. In addition to a list of attorneys there are many other resources including this web site as well as many others. Most importantly however, you must have an honest and frank discussion about how important it is to you that this crucial business be conducted in the most productive and respectful manner possible.

What is a “collaborative law lawyer”?

A collaborative law attorney is an attorney licensed to practice law who, in addition, has received special training in the collaborative law process. A collaborative law attorney has a unique skill-set combined with a willingness to participate in a specific method to resolve disputes.

What kind of training is involved in becoming a collaborative lawyer?

Collaborative law attorneys receive special training in communication skills; the collaborative law process; interest based negotiations; and other fundamental skills that enable them to function within the process in a way that is commonly understood among the collaborative law trained professionals.

Whose web site is this?

This web site is brought to you courtesy of the Kansas Collaborative Law Association. It is not the intent of this site to market any specific attorney or firm.

Is collaborative law cheaper than other methods?

Sometimes, obviously the collaborative law process is far more efficient and less expensive than a formal trial on all issues. It is also far less expensive than preparing for a trial and settling on the courthouse steps.

However, the collaborative law process is a detailed process that brings a very certain benefit to the parties through the process itself. Sometimes the parties could have reached the same resolution without going through that process. Skipping the process is likely to involve costs that are not articulated in dollars and cents. It is commonly believed that the collaborative law process provides to the participants a skill-set that makes it more likely that the parties will be able to co-parent more productively and are far less likely to find themselves in post-divorce litigation.

Last revised: Date Monday, December 20, 2004

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Last updated 12/20/2004