Collaborative Practice: What Is It and Why you Should Consider It

What collaborative practice is, how it differs from litigation, and information to help you decide if it's right for you.

Imagine discussing the dissolution of your marriage here 😍

I’m going to talk a lot about collaborative practice on this blog, so I figure an introduction post makes sense.

Not everyone knows what it is - but they should. Think of it as divorce for emotionally intelligent people. It’s not for every couple, but if it is, this is a fantastic way to navigate the separation and divorce process.

What Is Collaborative Practice?

Collaborative practice (also known by its street name, “CP”) is an alternative dispute resolution process that offers couples an out-of-court option for navigating their separation and divorce.

Both parties are represented by their own legal counsel. There are also often professionals hired during the process called “neutrals”. These can be financial experts, parenting coordinators, or anyone who can give unbiased assistance during the separation process. The process is customized to be as amicable and efficient as possible.

During the CP process, everyone is an active participant. Parties are asked questions, allowed to speak up, and are encouraged to be open throughout the process. The ultimate goal is that everyone is heard, everyone is involved, and the terms of separation/divorce will offer meaningful and impactful solutions.

How Does it Compare to Litigation?

Collaborative practice is similar to litigation in that both parties are represented by an attorney who advocates for their interests. The lawyer(s) should be certified by the International Academy of Collaborative Professionals (IACP). Also similar to litigation is that CP requires complete financial disclosure during the process.

Unlike litigation, it is centered on more intimate communication - all the parties are involved. You all sit together in the room, and everyone is an active participant in the process. The lawyers essentially play a balanced role of advocate and counselor. You’ll be asked what you want and why you want it. When done correctly, CP places a very strong emphasis on digging deeper into people’s emotions and having a more meaningful conversation to guide negotiations.

It also helps to keep the process as amicable as possible. Parties face each other and can speak to why they are asking for what they want. The lawyers act as mediators if tempers flare or discussions become unproductive.

What are the Benefits?

There are a number of benefits that good collaborative practice aims to satisfy.

Preservation of the Relationship. Separation and divorce are never easy, but CP tries to keep the process amicable. Ensuring that both parties remain respectful during the process can be tricky. When someone is grieving a relationship, they can become unpredictable, and you never know what mood they may be in the day of a negotiation. Working with lawyers and neutrals helps to keep the conversation focused, on track, and unbiased.

More Cost-Effective. A standard trial retainer can be anywhere from $20,000 to $60,000+, depending on the lawyer, resources, and time. CP aims to reduce the cost through faster resolution. The parties also share the costs of neutral professionals so that one party isn’t stuck managing all/most of the costs.

Faster. The courts are busy, so if you can stay out of them, you can likely resolve your issues sooner. Instead of waiting for a court date to become available (which is often months out, maybe even a year), a separation agreement can be reached through CP as quickly as both parties can find qualified lawyers and professionals and then sit down to agree. It’s easier to book a boardroom than a courtroom.

Privacy. A lot of people forget that, when a matter goes to trial, it becomes public. Anyone can come into the courthouse and watch the proceedings, and a published decision lives on in perpetuity for anyone to look up and read through. And decisions spill all of your business: salaries, addresses, phone numbers, and the intimate details of someone’s romantic and family life. Extremely necessary for the preservation of a good justice system, but certainly a situation you may want to avoid if you can help it. The CP process, discussions, and outcome stay between the parties and the professionals.

What are the Downsides?

Gotta get new lawyers if it doesn’t work out (well, I guess whether it's a downside depends on whether you like your lawyer or not). A standard hallmark of CP is that, if the process does not work and it proceeds to litigation, you must abandon your lawyer and hire a new one. The reason is that CP discussions between parties are open and honest in a way that litigation is not. To encourage people to be candid during CP, you want a clause that prevents a lawyer from weaponizing the other side’s vulnerabilities. The best way is to just ensure that a litigation process is started from a clean slate with new lawyers.

Collaborative practice is not for every couple. Both parties need to have at least a basic level of respect for themselves and each other in order to make the process work. If one person is acting out of anger and/or with any malice, this is likely not the process to pursue. My position is that it’s also not the right process to pursue if there is abuse between the parties at all; mental, physical, emotional, sexual, etc.

CP does not have the powers a court does. Sometimes this is irrelevant, sometimes not. This is somewhat an extension of the point that CP is not for every couple. Sometimes, one or both parties are beyond an amicable resolution and need a more powerful force, like a court, to move the process forward. A judge can order support payments, grant motions, compel attendance, award costs against an unruly party, and use several other mechanisms to restore order to chaos. In CP, everyone must agree and consent. In court, whoever the judge deems to have the facts and law on their side wins.

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So, like everything, CP has its ups and downs. But, overall, I think it’s a fantastic way to go through separation and divorce if you and your spouse are amicable.

If this is something you are considering, I encourage you to check out the IACP website and/or check their CP professional directory to find someone to help you.