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The tone is supposed to be one where the parties work together in a positive and respectful manner where they find creative solutions that meet the needs of each individual party. Following collaborative divorce, clients are more inclined to find amicable solutions, they are more likely to communicate in a non-threatening manner and they are more likely to produce a friendly co-parenting relationship for the children. In a number of states, attorneys can receive board-certification for family law. To get this type of certification, the attorney needs to demonstrate significant trial experience as well as pass a difficult exam. There is also the result of alimony. During a divorce the court will take time to observe both parents and find an agreement in a child custody case.
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Neither is protracted litigation over financial assets or a drawn out custody battle. The difference is that, with collaborative divorce, parties can create an environment that encourages them to move forward and which preserves financial resources and helps protect their children. Mediation is not always easy – it can be challenging and uncomfortable. It is also common for parties to feel part way through the mediation that they are wasting their time, that the other side are not prepared to give anything at all and that they might as well leave. A successful collaboration will help the divorcing spouses move on with their lives, whether they have children together or not. Collaborative Divorce is separate and distinct from mediation and arbitration. Mediation is a structured process during which a neutral third person assists those involved in disagreement or dispute to work towards finding a mutually acceptable agreement which empowers all parties taking part. It is a voluntary process. In a collaborative divorce, lawyers work not as opposing counsel but, instead, as members of a team that is committed to achieving the best result for both parties and their children. Collaborative divorce is not a fix all solution.