Mediator Tips
Collaborative Divorce

If you move around inside the Conflict Resolution world for a while, you are bound to hear the term Collaborative Divorce. Many of you probably already know exactly what Collaborative Divorce is, but for those of you who don't, here is a quick summary.

Essentially, Collaborative Divorce is mediation for married couples trying to get a divorce. Just like mediation, it seeks to avoid the legal system by using a model which encourages dialogue and negotiation in order to reach a solution that benefits everyone. Lawyers trained in Collaborative Divorce are hired to facilitate the process. Below is a good description of Collaborative Divorce taken from the Collaborative Divorce Handbook developed by the organization Collaborative Divorce Team Trainings LLC.

Collaborative Divorce is:

• Client centered and non adversarial
• Client controlled
• Based upon active participation
• Based upon constructive communication
• Designed to foster a safe working environment
• Educates the clients
• Focuses on the needs and interests of the clients
• Requires the consent of each client

Collaborative Divorce requires each client sign an agreement that:

• They will not undertake contested court procedure during the Collaboration
• Undertaking any contested court action terminates the Collaboration
• Upon termination of the Collaboration, the aligned Collaborative professionals are prohibited from participating in contested court actions between the participants

The Handbook contains a lot more useful information about Collaborative Divorce. Those interested in learning more would be wise to check it out.