I have recently received several phone calls from clients, who begin by asking "Do you do Collaborative Divorce?" When I answer in the affirmative, they are excited and usually mention that the previous attorneys they have spoken with have never heard of this new type of divorce.

Collaborative divorce has been described by some as a softer, gentler technique for divorcing couples who need zealous legal representation, but also place a premium on avoiding litigation. A combination of angry litigants and unnecessarily aggressive attorneys can lead to long, drawn-out court battles. Collaborative divorce is about settlement, as opposed to difficult litigation.

Collaborative divorce uses a technique where couples and their attorneys agree in advance not to litigate. If either party ignores the agreement and pursues court, the party's attorney is mandated to end their representation.

Although Collaborative Law is not strictly limited to divorce, it has achieved its recognition in the marital arena. In a Collaborative Divorce, the parties can only use the Court for common filings of stipulations. Many clients enjoy Collaborative Law because it provides a greater degree of control over the divorce process. Many clients feel that they are more shielded from turning serious decisions over to a judge, who may be handling up to several hundred cases.

Many divorces require the use of experts, and some attorneys (including myself) agree that in Collaborative Divorce, both sides should use one expert as opposed to two. This greatly reduces the overall cost and leaves the client in a healthier financial state. Collaborative attorneys are usually trained in reducing conflict and working cooperatively with non-confrontational strategies. Another advantage of Collaborative Law is that discovery (the exchange of information) occurs much faster. Parties agree, as part of the process, that they will make full and timely disclosure of all relevant information. This eliminates the possibility that one side will bombard the other with paper after paper.