Collaborative Practice has been around since the late 1980s when Stuart Webb, a family law attorney in Minnesota, developed the model as a way to resolve disputes respectfully without going to court. It is not about who wins and who loses, instead it is about what works.
A divorce is difficult regardless of the approach a couple takes. Collaborative Practice seeks to minimize the toll it takes on family members by focusing energies on resolving key differences respectfully and devising solutions that work for everyone. When the divorce is complete, both parties should feel empowered to move forward in their lives knowing they have been compassionate and respectful to one another and that the agreements reflect their own choices, not those of the lawyers or a judge.
The Process
The collaborative law process begins with each spouse and their respective lawyers signing a contract agreeing to:
- Avoid litigation;
- Disclose all financial, real estate and other such information voluntarily;
- Participate in open, constructive communication through a series of facilitated negotiation sessions; and
- Exhibit good faith in using the collaborative approach in coming to final decisions.
Once this contract is signed, spouses and their respective lawyers participate in a series of “four-way meetings,” in which everyone works together to resolve problems and come to mutual agreement on the issues in dispute. The lawyers facilitate these discussions to keep meetings focused and to ensure that conversations are respectful and productive. If at any time, one party needs to meet privately with their lawyer, they can.
In the end, the final Joint Parenting Agreement and Marital Settlement Agreement will satisfy both parties. In addition, because both parties have actively participated in structuring these agreements, it is more likely they will honor and value them as they move forward in their lives.
The Team
Collaborative Practice acknowledges that there is both an external and internal dimension to every divorce. The external is the most obvious in that at the conclusion, the couple will have resolved their differences and the attorney will prepare legally binding agreements which are then filed in a court of law. The internal dimension, which is often overlooked in traditional litigation, is equally important if each spouse is to exit the marriage contract feeling strong, healthy and ready to build a new life. The collaborative team addresses both the external and internal dimensions.
The collaborative team includes, at a minimum, four people: both spouses and their lawyers. The lawyers have preferably received training in the Collaborative Practice model. In many cases, the team includes a neutral financial specialist to analyze financial data and help the spouses make informed financial decisions. A couple with children would have a child specialist on the team.
Divorce coaches support clients in Collaborative Practice by helping them develop a vision of the future, sort through options, learn communication skills, and develop a new way of relating to the person who used to be a partner. Coaches generally do not attend the four-way meetings. They are in the background to help the person in the divorce process. Sometimes a team may use a single coach to assist with communication issues or other aspects related to group dynamics.
The Benefits
Collaborative Practice offers clients several unique advantages:
Children come first. Children’s needs are given top priority in the process in order to minimize the impact of pending changes in the family structure.
The divorcing spouses remain in control of the process. The divorcing couple makes the decisions that will impact their future, rather than a judge or their respective attorneys.
The process is focused on finding solutions that work for all parties. There are no winners or losers in this process. Instead, it is about solving problems so that the final agreements reached consider each family member’s needs, concerns and goals.
Discussions remain confidential. What is discussed during the four-way meetings, with attorneys and any other advisors, is kept private.
The foundation is laid for the divorcing couple to have a healthy post-divorce relationship. These relationships are built on effective communication strategies, a willingness to cooperate, respect for each other and ones’ self, and an ability to be compassionate.
With offices in Downers Grove, Theresa Beran Kulat & Associates serves clients thoughout the Chicagoland region, including DuPage County, Cook County, Kane County, Will County, and Lake County, as well as the communities of Batavia, Clarendon Hills, Downers Grove, Geneva, Glen Ellyn, Hinsdale, LaGrange, Lemont, Lisle, Naperville, Oak Brook, Oak Lawn, Palos Park, Palos Hills, Oak Park, St. Charles, Western Springs, Warrenville, Wheaton, and Woodridge.
