Rocky Mountain Collaborative
Law Professionals
is a group of divorce lawyers, divorce mediators, divorce coaches, and
divorce financial
specialists who are dedicated to promoting and practicing the
principles of collaborative divorce. This web site is
designed to provide those facing divorce with information to
make an informed decision about the collaborative divorce process.
For additional information, contact any of the group
members.
What is Collaborative Divorce?
Collaborative Divorce has proven to be a highly successful
way for a divorcing couple to resolve their differences without
going to court. In the collaborative law divorce process, the
participants each have experienced divorce attorneys with
advanced training in non-adversarial conflict resolution
techniques. Instead of going to court to argue over and litigate
issues such as custody, visitation, spousal maintenance and
property division, the participants and their attorneys meet in
a series of informal, four-way settlement conferences. They
jointly discuss the issues, share full disclosure of all
relevant information and develop solutions that are more
creative and acceptable to both parties than having a decision
made by a judge in an adversarial hearing. For more
information, see our member's
article.
Why is Collaborative Divorce Successful?
The Collaborative Divorce model views divorce as
the
restructuring of the family, not a battle to be won or
lost. The
model is successful because it provides the participants with an
optimal setting, atmosphere and support system to enable them to
settle their divorce issues. It empowers them to reach their own
solutions to sometimes difficult divorce issues, thereby
improving the chances for long-term goodwill and a sense of
satisfaction that a fair and just resolution was reached when
the divorce process is completed. The attorneys are not there to
do battle with each other, but are charged with guiding the
process for the divorcing couple, and collaborating on
solutions.
The Collaborative Divorce Process
To insure full commitment to the collaborative divorce
process, the participants and their attorneys agree in advance
that they will work together in a cooperative, good faith effort
to resolve issues without
resorting to litigation in the courts.
They agree that they will provide full, honest and open
disclosure of all information relevant to the proceedings. And,
importantly, they agree that their attorney's representation is
limited to the collaborative divorce process, and that neither
of the attorneys can ever represent them in a court proceeding
against the other spouse. This eliminates the easy fall-back
position of letting a judge decide important issues in the
participants' lives and puts emphasis on finding workable
solutions that are acceptable to both parties. The outcome of
the vast majority of collaborative divorce cases is a "win-win"
situation that both participants agree is a fair solution to
their divorce issues. |
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