Collaborative Practice is an alternative choice for a divorcing couple to work as a team with trained professionals to resolve disputes respectfully, without going to court. The term encompasses all of the models that have been developed since Minnesota lawyer Stu Webb created the Collaborative Law model in the 1980s. This model is at the heart of all of Collaborative Practice. Each parent has the support, protection and guidance of his or her own lawyer. The lawyers and the parents together comprise the Collaborative Law component of Collaborative Practice.

While Collaborative lawyers are always a part of Collaboration, some models provide highly trained psychologists/counselors who serve as child specialists/divorce coaches and financial specialists as part of the parents' divorce team. In these models, the parents have the option of starting their divorce with the professional with whom they feel most comfortable. Then the parents choose the other professionals they need. Therefore, the parents benefit throughout the collaboration from the assistance and support of all of their chosen professionals.

Although Collaborative Practice comes in several models, it is distinguished from traditional litigation by its inviolable core elements. These elements are set out in a contractual commitment among the parents and their chosen collaborative professionals to:

• negotiate a mutually acceptable settlement without using court to decide any issues for the parents
• engage in open communication and information sharing
• create shared solutions that take into account the highest priorities of both parents…,
• and withdrawal of the professionals if either parent goes to court

The advantages of being Collaborative.

Designed as an alternative to conventional divorce, Collaborative Practice offers many distinct advantages:

• You keep control of the process yourselves, without going to court.
• Children's needs are given priority.
• You and your partner commit to reaching agreement through a problem-solving approach.
• An atmosphere of respect preserves self esteem.
• Open communication allows both of you to express your needs for moving forward and gives you 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.
• The Collaborative process helps both of you plan for your own future and that of your children, and to begin new lives for all of you.

Philosophy: Something everyone should agree on: “respect”

It is simply a fact that about half of all marriages end in divorce, and countless non-marital relationships fail, too. But the emotional devastation that often accompanies the loss of a relationship doesn't have to be a fact as well. That is the thinking behind Collaborative Practice.

Long-sought by divorcing individuals and other concerned professionals who assist them, Collaborative Practice is the alternative to “divorce as usual”. It is designed to minimize the hurt, the loss of self esteem, the anger and alienation that occur too frequently with divorce.

The Collaborative philosophy is built on a belief in human dignity and respect. Individuals may cease being partners, but they don't cease being worthy human beings. Every part of Collaborative Practice—from open communications to solutions-based negotiation to out-of-court settlement—is intended to foster respect. When respect is given and received, self esteem is likely to be preserved, making discussions more productive and an agreement more easily reached.

The end of a marriage or relationship is tragic enough. Collaborative Practice believes that the process of divorcing shouldn't add to the pain, but rather help the spouses and children foresee a hopeful future.

How it works.

Once you have chosen a Collaborative Practice Group (Collaborative Law/Collaborative Divorce), you may take advantage of the option to put together a team to work with you as you make your way through this life transition. While you will always need to select Collaborative lawyers to assist you throughout the process, you may also choose to start the process with a Collaborative divorce coach or financial expert. Wherever you begin the process, you will have a chance to meet privately and together with your professionals. Collaborative Practice is unique in that it calls for both of you, and your lawyers, to come together for face-to-face discussions and negotiations—outside the courtroom. In an atmosphere of openness and honesty, all assets are disclosed, needs are communicated, and solutions are explored. When there are children, their interests are given foremost priority.

The end result of Collaborative Practice is a divorce agreement that has been achieved through mutual problem solving. You, along with your lawyers and other chosen collaborative professionals, take control of shaping the final agreement, rather than having a settlement imposed on you by the court. Collaborative law is not for everyone. It is inconsistent with domestic violence and with certain kinds of mental illness or character disorders. Some cases must be decided by a judge. However, as more professionals are trained in the collaborative model, it is an exciting and healthy alternative to the usual court process.

Ms. Simpson obtained advance Collaborative Divorce training in November of 2006 by Collaborative Divorce Trainings (Collaborativedivorce.com). Collaborative Divorce is new to Maryland and Ms. Simpson is a member of The Collaborative Professionals of Southern Maryland. Ms. Simpson is a member of the Maryland Collaborative Practice Counsel, Inc. and the International Academy of Collaborative Professionals (IACP@collaborativepractice.com).