Collaborative Divorce
is an approach to problem resolution in the family law setting. In New
Hampshire, parents are often required to discuss and agree on a “parenting
plan” which encourages collaborative resolution. It is an alternative dispute resolution
technique for resolving conflicts and reaching agreements using cooperation
rather than adversarial techniques and litigation. It recognizes the value of
an attorney, but avoids the involvement of the Court. The idea is that the
parties will fully cooperate in the process. The result of the process is that
the divorcing parties develop skills through the collaborative process that
will assist them in addressing not only the issues common to divorce, but also
the inevitable issues that all parents confront as their children grow.
The
Collaborative process incorporates three principles: A promise not to go to
court to resolve issues; an honest and open exchange of information and a
desire to achieve a resolution that puts the priorities of the parties and
their children first. Mutual respect and
mutual effort in resolving issues to achieve both parties’ goals is at the
heart of the collaborative process.
Through this process the parties together control the outcome, not the
court. This leads to a meaningful result that is the product of contemplation
and dialogue and not the artificial result that often occurs when the marriage
is condensed to a few hours presentation in front of a judge.
The collaborative process begins
with the parties and their counsel signing a contract that obligates all to
reach a resolution without court involvement. The contract includes an express
provision that bars court involvement in decision making and requires the
attorneys to withdraw and the parties to retain new counsel if the
collaborative process breaks down. As a result, all involved, including
counsel, have a vested interest in reaching a resolution using the
collaborative process. This contract is a key tool in achieving the goal of
developing effective relationships, solving problems jointly and preventing
court battles that harm rather than help heal.
At Parnell, Michels & McKay we encourage
families going through the divorce process to consider a collaborative approach
first. If you are interested in learning more about the collaborative process
and how it may help you, please contact
us to learn more.
