The couples sign a collaborative participation agreement that describes the process and one of the elements is that neither party will pursue litigation. If the process breaks down, the attorneys involved must withdraw and can no longer be involved in the divorce. The attorneys are not thinking about going to court if collaborative fails, because they won’t be involved if it goes it court. It really does provide an incentive to make it work, for the attorneys as well as the divorcing couple. The statistics are around 90 percent successful.
Harriett Fox is a CPA and divorce mediator located in Miami, Florida. She uses her mediation skills to settle cases in various areas of commercial and civil litigation, while applying her forensic accounting abilities to complex financial analyses in cases of family, commercial, and civil litigation.