The collaborative process is an amicable and less expensive means of resolving disputes.  The collaborative process avoids the spiral of negativity and animosity that is a byproduct of our adversarial system.

• The Collaborative process requires parties to review and execute the Participation Agreement.  Briefly, the Participation Agreement generally entails the following terms:
  • Participate in good faith and in the “ideal interest” of both parties or the family,
  • Counsel representing the parties would be disqualified to represent their respective clients in subsequent litigation if no agreement is reached;
  • Parties will exchange information “full disclosure” of any relevant information;
  • Agreement to participate in the collaborative process 

The collaborative process avoids the expensive aspect of litigation discovery disputes.  In litigation, the advocates of the clients spend over a dozen, if not hundreds, on discovery issues.  Unlike litigation, where the parties, through a judicial process, (1) Request the production of documents, (2) Answers to Interrogatories, and (3) Admissions, and then file numerous motions for incompleteness of their request, the Collaborative process can save parties thousands of dollars in the discovery process.  In the Collaborative process, the parties draft and agree through a neutral third party the necessary documents for the client’s goals and objectives.  

Unlike litigating the issue of an specialists and each party paying for their specialists, in the Collaborative process, the parties agree to a neutral and unbiased financial consultant.  The financial consultant and the rehabilitation specialist devise a strategy for the parties’ financial situation.  These specialists are trained in the peculiar aspects of business or parties’ financial scenarios.  They detail their analysis on the dissolution of parties’ business, new ventures, current and future profit and loss, and drafting options for division and/or resolution of the financial affairs of the parties’ assets.  Any joint ventures between the couples would require the neural financial consultant to create cost-effective options detailing present and future cash flow options and avoid any shortcomings of prior acts by the parties. 

The Collaborative process can effectively resolve any pendent lite and/or permanent alimony issues and prospective marital award-related matters.  The neutral financial consultant can evaluate the parties’ assets and current and future profit and loss to determine the “ideal interest” of the parties involved.  In the Collaborative process, the parties or their counsel spend the required time on resolving any financial issues and informing the neutral financial advisor of any ambiguities or information for correct financial assessment in the division and for the budgeting for alimony evaluation.  

The Collaborative mechanism removes the uncertainty from the process in which sometimes both parties are not content with the decision.  This process allows the parties to resolve their disputes in good faith in all individuals’ ideal interests.  Particularly the engagement of the adversarial litigation and the cost of litigating disputes in court.  This is not to advise the clients that the Collaborative process is inexpensive, but generally, it is the least expensive form of resolving disputes that are equitable and just to both parties. 

Many states offer a Collaborative process, and many courts within each state (as each jurisdiction within each state has different processes) encourage parties to engage in the Collaborative process and offer numerous initiatives for individuals to inquire, participate, and learn from it.