The Collaborative Approach

While the Collaborative Approach is currently most often used for couples who are divorcing or separating, it is also applicable to other areas of conflict.

Collaborative Divorce

Collaborative Practice is an inter-disciplinary approach to dispute resolution, drawing on the skills of professionals in the fields of law, mediation, financial analysis, and mental health.

It starts with a contract between the parties – called a Participation Agreement  – which describes the Collaborative process, including the following:

• Full disclosure of all relevant information. This includes all information necessary to make informed decisions during the process. You and your partner agree not to conceal important details from each other and your team of professionals. This avoids the need for the costly process of formal discovery, such as depositions, interrogatories, demands for document production, et cetera, that can occur in the conventional court process.
• Confidentiality of statements made by the parties or the professionals. This encourages you to discuss openly your needs and concerns, prior to crafting solutions. You do not need to worry that you or the professionals will be cross-examined or subpoenaed in any subsequent contested court proceeding regarding statements made in this process.
• Neutral experts. Neutral experts include your Collaborative team professionals (financial specialists, child specialists, mediators, and coaches), as well as outside neutrals, such as appraisers, and actuaries. They help you with such tasks as: determining values of assets and liabilities, cash flow analysis, budgeting, and creating a parenting plan. These experts are employed by both of you. This avoids the use of competing (non-neutral) experts who are frequently hired in the conventional court process.
• Collaborative Team Professionals. You may benefit from the retention of neutral collaborative professionals in your case, who will likely add value by addressing important non-legal matters such as relational, emotional, parenting and financial issues. Neutral team professionals include coaches or neutral facilitators, child specialists, financial specialists, and mediators. 
• Neutral Experts. You may also choose to retain outside neutral experts to help you with such tasks as: determining values of assets and liabilities, cash flow analysis, budgeting, and creating a parenting plan. These experts are employed by both of you. This avoids the use of competing (non-neutral) experts who are frequently hired in the conventional court process.
• Scope of Service. Collaborative professionals work with you in a completely private dispute resolution process outside of court. The professionals cannot represent you in a conventional court process; therefore, you and your team focus all efforts on creating an enduring agreement that meets your family’s needs.

Training for Professionals

Professionals are credentialed in their respective fields. In addition, they are required to complete ongoing continuing education requirements in their field as well as specialized training in the Collaborative process. In Minnesota, nearly all Collaborative professionals have mediation training.

The bios of individual team members include education as well as Collaborative process trainings. For that information, please see the bios under Find a Professional (link).

Description of the Process

Most couples start the Collaborative process in a first joint meeting with their attorneys, which is often facilitated by their chosen coach. At this meeting the couple and their professionals

• Sign the Participation Agreement.
• Sign a Joint Petition for Dissolution of Marriage or Legal Separation, so that the protections of the law attach to the case at the very beginning. For example, each of you is restricted from making changes in life, health, or auto insurance; spending money except for on the necessities of life; or selling assets without mutual agreement.
• Articulate their major goals, objectives and concerns for the process.
• Discuss the use of other professionals.
  
• Plan the next several steps of the process, including dates for future meetings and a time frame for the exchange of homework assignments.

Although you have a team of professionals to take you through your Collaborative divorce process, not all professionals will attend every meeting. The level of participation by each professional is based on the needs of the family.

Each family’s Collaborative process will be different, and tailored to the family’s needs. The Collaborative Divorce Team Process chart (Link to Collaborative Divorce Team Process chart) gives a general idea of what you can expect.

Collaborative Process in Other Areas

The Collaborative process is appropriate for areas of Family Law in addition to divorce and separation including:

• Issues facing unmarried parents such as Paternity, Parenting Plans, and Child Support;
• Pre-nuptial Agreements;
• Post-nuptial Agreements; and
• Elder Law