Collaborative Law Practice is a dispute resolution process that provides an alternative to conventional litigation. Both parties are represented by counsel, but the parties and their attorneys agree, in writing, to attempt to settle the matter without litigation or even the threat of litigation. Both parties also promise to take a reasoned stand on every issue, to keep discovery informal and cooperative, to retain experts jointly if they are needed, and to negotiate in good faith.

Collaborative lawyers who have undergone similar training organize themselves into practice groups as a way of ensuring a common basis of professional training, understanding and trust between the practitioners. They frequently meet as a group to problem-solve and discuss unique issues that may arise in a collaboration. This enhances their ability to work together to assist their respective clients when the negotiations become difficult or emotionally-charged.

The process of settlement involves each client meeting privately with his or her lawyer and in "four-way" settlement meetings where both clients and both lawyers are present. In some instances experts, such as divorce coaches and child and financial specialists, may join the process at the client's request. Mutual problem-solving and interest-based negotiation (as opposed to adversarial, positional negotiation) by all the parties leads to agreement.

Collaborative Law Practice allows parties to negotiate with a lawyer at their side but without the imminent risk of the case proceeding to Court. Furthermore, on average, collaborative law cases tend to be quicker and less expensive for both parties than cases handled without collaborative law, however, this may not be true in every case. Additionally, if negotiations fail, each client will be put to the additional expense of hiring new counsel.

Both Collaborative Law Practice and mediation rely on the voluntary and free exchange of information and a commitment to resolutions that respect the parties' shared goals. In mediation, an impartial third party (the mediator) facilitates the negotiations of the disputing parties and tries to help them settle their case. However, the mediator does not provide legal representation to either party, and cannot be an advocate for either side.

In a conventional divorce, one spouse files a complaint for divorce in Court and sets in motion a series of legal steps, such as pretrial discovery, the filing of motions, and a pretrial conference. Although the vast majority of cases filed in Court eventually are settled by agreement (as opposed to a trial), spouses going through a conventional divorce generally come to view each other as adversaries, and their divorce as a battleground.

Collaborative Law Practice mandates that each party's attorney has an absolute ethical duty to represent solely his or her client's interests. The process does not allow an attorney to be anything less than 100% on the side of his or her client. The Collaborative Law Process recognizes, however, that each party has an interest in resolution and that part of the process is to advance that interest on behalf of each of the clients.

Collaborative professionals are trained to help clients deal with their issues and emotions in joint meetings and conference calls. They understand how to help clients express authentic hopes and needs effectively. They ask questions that keep the conversation focused on mutually acceptable, workable outcomes.

Representation and fee agreements between attorney and client are not directly affected by the participation agreement.

Collaborative Practice is a way for people to resolve their own disputes in an open and respectful manner, by reaching a mutually acceptable settlement. The parties retain Collaborative Professionals such as attorneys, accountants, financial planners, and therapists, who agree to work cooperatively to gather and share all information needed to reach an agreement.

Collaborative Law is a new dispute resolution model in which both parties to the dispute retain separate, specially-trained lawyers whose only job is to help them settle the dispute. If the lawyers do not succeed in helping the clients resolve the problem, the lawyers are out of a job and can never represent either client against the other again.

You may not be able to save your marriage, but you can protect your future and that of your children. Research shows that the method couples choose for pursuing their divorce (non-adversarial or adversarial) will have a powerful impact on the happiness of their post-marriage relationships, including relationships with children and future spouses. It is no surprise that the worst outcomes arise from bitterly litigated divorces. Bad divorces leave a toxic residue that can last a lifetime.

One of the biggest reasons people go to law school is "because you can do so many things with a law degree". For most of these people, this translates as "I really don't know what to do with my life, and going to law school will postpone that decision for at least three years." Frankly, we couldn't think of a worse reason to go to law school, or become a lawyer. If your goal in life is to do something other than practice law, go ahead and do that something.

Collaborative Practice or Do-it-Yourself: There are many legal aspects to divorcing, separating or even working out parenting arrangements that you may not be aware of. There is always a risk to negotiating issues that have legal implications without a good understanding of the applicable law.