How Does Collaborative Practice Actually Work?

How does collaborative practice actually work? Does it always work or does it fail sometimes?

By Karen Covy
March 18, 2015

Karen Covy, a divorce lawyer in Chicago, answers:

Collaborative practice works by using a non-litigated team approach to resolving problems. Each collaborative professional works within his or her own area of expertise, making the collaborative process much more efficient, and often much less expensive, than traditional litigation.

The focus of collaborative law is much different than litigation. In collaborative law, both parties focus on crafting a settlement agreement that, to the greatest extent possible, meets each party’s needs as well as the needs of their children. In litigation, on the other hand, each party typically focuses on getting the most for him or herself, often at the expense of the other party and the children.

In collaborative law, you, your spouse, and the appropriate team members sit down at a conference room table and work through your divorce issues one by one. Not every team member needs to be present for every meeting. You and your spouse both actively participate in the collaborative process.

Collaborative law is a much more holistic approach to divorce, but it does not always work. If one party refuses to cooperate, refuses to provide complete financial information, or simply becomes unreasonable, then collaborative law, like any other alternative dispute resolution process, may fail. If it does, then the parties must go to court to resolve their case.

Karen Covy is a lawyer, mediator, educator and the author of When Happily Ever After Ends: How to Survive Your Divorce Emotionally, Financially, and Legally.

Back To Top

March 18, 2015
Categories:  Legal Issues|FAQs

Add A Comment


Allowed HTML: <b>, <i>, <u>, <a>



Divorce Lawyers

Certified Divorce Financial Analyst

Find all CDFAs

Divorce Mediators

Find Divorce Mediators

Business Valuators / CPAs

Find Business Valuators / CPAs

Collaborative Practice

Find Collaborative Practitioners

Reason for your Divorce

Why did your relationship end? If there's more than one reason, choose the strongest factor.

Money Problems/Arguments
Physical/Emotional Infidelity
Physical/Mental Illness
Physical/Emotional Abuse
Alcoholism/Addiction Issues
Basic Incompatibility

Copyright © 2017 Divorce Magazine, Divorce Marketing Group & Segue Esprit Inc. All rights reserved. Reproduction in whole or in part without prior written permission is prohibited.