Collaborative Law: A New Approach to Divorce

818 Words2 Pages
bulb-icon

Recommended: The counselor process

Not every divorce is a contentious battle in court. Some couples understand that they're better apart than together and take steps to resolve all their disputes in a calm manner. These divorcing couples have a chance to use alternative methods to traditional courtroom proceedings. While mediation and arbitration have been around for a long time, there's a new process called collaborative law that might be a good option.

Basics of Collaborative Law

In 1990, a divorce lawyer named Stu Webb became frustrated with the court system. It took a long time to reach agreements and there were many road blocks in the court system with which he didn't agree. Instead of filing court documents and taking the process to court, he started taking clients that …show more content…

All four individuals will sign an agreement that supports the concept of communication and honesty in the proceedings. It'll also state their promise not to file court proceedings in the future. If the process does fail and the couple decides on court, the legal representatives of the collaborative process won't be involved in the lawsuit.

A contentious divorce pits one side against the other. The settlement process can be long and arduous since neither side wants to concede an inch on any particular point of the bargaining. In the collaborative process, the spouses' needs are evaluated based on their future interests as well as the interest's of the children that might be involved.

This process starts out with everyone having the best intentions, but it might break down as the couples struggle. A neutral counselor can be brought in to ensure that the meetings can be kept as calm as possible. In the marriage, one spouse might have been left with no decision-making power. The counselor can couch this spouse to speak without reservation during the …show more content…

The goal of collaborative law is to reach an agreement for the divorce that will leave both parties satisfied with the dissolution of the marriage. Many divorces cause bitter regret and dissatisfaction that can color their interactions in the future. If the couple has children, that can cause serious issues in the relationship in the future. There are other benefits to the process aside from less bitterness. (-- removed HTML --) (-- removed HTML --) The proceedings are private. Courtroom proceedings are out in the public for everyone to hear. (-- removed HTML --) (-- removed HTML --) Problems are addressed in a calm way that can lead to a better future for all. (-- removed HTML --) (-- removed HTML --) A judge can't resolve matters creatively, but it can be done by the couples in a collaborative environment. (-- removed HTML --) (-- removed HTML --) The process is streamlined and professional while giving the divorcing spouses a voice in what happens next. (-- removed HTML --) (-- removed HTML --)

The Process and Steps

Since most couples don't know about the process, they don't know what happens during a streamlined collaborative law proceeding. The couple will hire a lawyer to represent them. This lawyer should be practicing collaborative law. Proper lawyers are usually members of the New York Association of Collaborative

Show More
Related

  • Family: 7 Steps To A Healthy Family Book Review

    1487 Words  | 3 Pages

    In this text, Deal (2014) explains that “one of the great ironies of divorce” (p. 130) is the need to cooperate with the ex-spouse, even if you hated him before the divorce. My family shows the complexity that divorce can bring to a family’s life, and the adults need to constantly monitor their own attitudes for the sake of the children. Deal encourages building communication and flexibility; however, his reminder to accept that neither co-parent can control the other’s household decision is one of

    Read More

  • Summary Of Stone Soup By Barbara Kingsolver

    912 Words  | 2 Pages

    Divorce becomes unpleasing, but also the best option for the family. Kingsolver claims, “Disassembling a marriage in these circumstances is as much fun as amputating your own gangrenous leg. You do it if you can, to save a life-or two, or more.” (Kingsolver, 2014, p. 222). The majority of the time divorce takes place, it becomes a necessary break. Kingsolver describes divorce as amputating a gangrenous leg. The leg, if left intact, will slowly shut down the body. A family is considered a body, and each member of the family has responsibilities, such as the body. When a certain part of the body destroys the other parts, elimination rolls into effect to save the remaining family body. Not only does divorce lead to a broken bond in the spouses, it also leads to broken friendships. Rather than being shunned, divorced families should receive love. Kingsolver claims, “In the wake of my divorce, some friends (even a few close ones) chose to vanish.” (Kingsolver, 2014, p. ?). Kingsolver during, and after her divorce, lost many of what she believed were her best friends. Sadly, some friends decide to leave during a time when friends should be near; divorce, especially during the beginning, hurts. Why would anyone want to receive the outcomes of divorce, such as losing friends, and family? Divorce becomes necessary. Anyone, in his or her right mind, would only go

    Read More

  • Divorce Argumentative Essay

    417 Words  | 1 Pages

    A good mediator steers the couple away from arguments and name-calling and makes the process as businesslike as possible. Mediation eliminates much of the rancor found in divorce court. The mediation process focuses on the real-life issues occurring at the end of a marriage instead of rehashing past ill will. A mediator doesn’t advise either partner, but helps them arrive at the best decisions possible through discussion and compromise.

    Read More

  • Structural Family Therapy

    973 Words  | 2 Pages

    Divorce is and has become a major issue in our society, the reason for that has been attributed to the drastic increase in divorce rates over the years. Divorce often disrupts the flow of the family structure, increases discord, and affects how family issues are handled. Families dealing with divorce are often times in a state of complete confusion and disorder, and filled with frustration, anger, and pain. Power struggles between spouses, which often times spread to the children if there any increase as the addiction worsens. There is a growing concernment among those in different fields like Social Work, Academia, and Mental Health in the United States, other countries, who have taken an interest in how divorce is readjusting

    Read More

  • The High Divorce Rate in the United States

    1036 Words  | 3 Pages

    Divorces are easy to obtain in the United States but the decision needs to be carefully examined. According to statistics, “divorce makes sense in the 10 percent to 15 percent of troubled marriages that involve high-level and persistent conflict with severe abuse and physical violence” (Dafoe 1). In the other 85 to 90 percent of marriages, the marriage can and should be reconciled. Many couples simply take the easy way out, find a lawyer, and end the marriage without ever trying to examine whether or not a conclusion can be reached other than divorce.

    Read More

  • Twelve Tables

    829 Words  | 2 Pages

    6-9. When the litigants settle their case by compromise, let the magistrate announce it. If they do not compromise, let them state each his own side of the case, in the comitium of the forum before noon. Afterwards let them talk it out together, while both are present. After noon, in case either party has failed to appear, let the magistrate pronounce judgment in favor of the one who is present. If both are present the trial may last until sunset but no later.

    Read More

  • Problem-Solving Criminal Justice Initiative

    738 Words  | 2 Pages

    These courts are often complex, involve new partnerships, new roles, and of course new players both in and outside the courthouse. It is important to understand that each problem-solving court will be shaped by local circumstances. As such, problem-solving justice remains as much an uncharted territory today as when it was first introduced.

    Read More

  • Divorce Should Be Harder to Obtain

    881 Words  | 2 Pages

    Cook, Joe. "What Should We Do About Divorce Law? No to Covenant Marriage." World & I. Jan. 1998: 302-317. SIRS Issues Researcher. Web. 04 May. 2014.

    Read More

  • Mutual Legal Assistance

    641 Words  | 2 Pages

    Mutual Legal Assistance is the process through which “states seek and provide assistance in gathering evidence for use in criminal cases.” [1] In a day and age where crime and evidence knows no borders, mutual legal assistance has become an essential tool in the field of crime prevention and criminal justice. International cooperation has become a necessity and many criminals would not be put to justice without collaborative efforts between member states. Extradition is a process that particularly benefits from mutual legal assistance since the entirety of the process is based on bilateral and multilateral treaties.

    Read More

  • Family Law

    1244 Words  | 3 Pages

    However, the cuts to legal aid along with the budget reductions for the court service may result in amplified number of people attempting to acquire divorce without legal representation. This may cause the government to re-evaluate the current divorce system in order to reduce the pressure on courts.

    Read More

  • Summary Of The Seven Principles For Making Marriage Work

    1139 Words  | 3 Pages

    Gottman (1999) conveys that the integration of active listening and conflict resolution techniques is not sufficient to safeguard marriages from a probable divorce. Due to that couples who develop throughout the years a high level of

    Read More

  • Divorce Law

    1355 Words  | 3 Pages

    Divorce is a growing epidemic in Canada and the United States. It affects both parties involved, being the spouses, and also has a profound affect on children of the marriage. Recently our government has been revising the old divorce act. It was apparent that it was time to revise the act because it did not properly protect the children from being caught in the middle of things.

    Read More

  • Let's Talk: An Alternative to Divorce

    903 Words  | 2 Pages

    America has become a fast-paced society of people with no interaction. Families are busier, with little time for trivialities such as having dinner together or getting to know one another through conversation. Drive-thru lanes provide quick and hassle free services of increasing variety. Vacation spots offer walk in wedding chapels and coming soon are the drive-thru divorce lanes. Learning to talk about conflict instead of running from it is a skill lacking in today’s culture. It should not be so easy to quit on marriage. This paper will show that couples attending counseling before a divorce will slow the sky rocketing divorce rates in the United States.

    Read More

  • Mediation Essay

    2122 Words  | 5 Pages

    Mediation is a form of the Alternative Dispute Resolution (ADR). Mediation is a process which it assists disputed parties to arrive to a mutually agreed resolution without going to court. As the out of court problem solving approach, mediation is a more convenient way for parties which trying to avoid the hassle and loving some flexibility from the more rigid court procedure. Mediation can be said as an informal process of which parties during this process is encouraged to work together among the disputed parties in good faith in order to solve their problems and disputes at a lower financial cost and it consume lesser time as opposed to the court procedure. Mediation recently has become more common as one of dispute resolution process especially for disputes which have relations to divorce matter, child custody or even for child visitation especially for its privacy and confidentiality.

    Read More

  • Mediation And Advocacy Essay

    1690 Words  | 4 Pages

    Mediation is commonly understood as an informal process whereby a neutral third party person helps the conflicting parties try to reach a mutual settlement and does so with no power to impose a resolution. The mutual settlement between two parties is often viewed as the primary or sole value and benefit of going through a mediation process (Baruch & Folger, 2005). Mediation is also seen as a voluntary method of resolving disputes with others. A mediation session is usually a confidential meeting and a safe place to air differences where the mediator or third party person helps participants communicate information and develop resolutions to address their conflicting views (Butler, 2004). Within mediation there are four main approaches: win/lose solution, hopelessness, war, and a win/win solution. The win/lose solution occurs when only one party benefits...

    Read More

More about Collaborative Law: A New Approach to Divorce

Open Document