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Collaborative Dissolution -- A No-Court Based Approach

A new movement called “collaborative dissolution” is attracting the attention of attorneys practicing in matrimonial law.  Collaborative dissolution has taken root in many states, including Wisconsin and North Carolina.  In a collaborative dissolution, each spouse has the support, protection and guidance of his or her own lawyer.  Other professionals, such as child specialists, financial specialists, and mental health professionals, can be brought in to advise on matters in their areas of expertise.

Collaborative dissolution is not a dispute resolution option in the same sense as mediation or arbitration.  Rather, collaborative dissolution is a set of voluntary rules entered into by the professionals hired by you and your spouse.  While the details may vary from collaborative practice to collaborative practice, the central ideas, which are set out in a contract signed by all parties and counsel, are as follows:

• Negotiate a mutually acceptable settlement without using the court to determine any issues for the clients;
• Withdrawal of the professionals involved if either client goes to court;
• Engage in open and honest communication and information sharing; and
• Create shared solutions that take into account the highest priorities of the clients and the children.

Collaborative dissolution allows you all the benefits of getting legal advice without the negative possibilities of involving courts and lawyers in your personal life.  Collaborative dissolution lawyers help you make good decisions about financial issues.  Collaborative dissolution gives you the benefits of good legal representation, without many of the negative factors.

Indiana does not currently have a program for collaborative dissolution, but several Indiana attorneys are working together to make this a reality.  Collaborative dissolution attorneys will be specifically trained and will be skilled in collaborative law, thus creating an open environment that encourages the peaceful resolution of issues.  Like mediation, collaborative law tends to maintain a civil relationship throughout the negotiations, as well as after an agreement is reached.

Thanks to alternative dispute resolution options, the majority of couples seeking a dissolution will be able to reach an agreement through mediation without the necessity of going to court.  Hopefully, collaborative dissolution, when it becomes a reality, will offer divorcing couples the opportunity to try to settle their case without the financial and emotional burdens that generally come with litigation and can occur in mediation.  Couples can reach lasting solutions that benefit both parties and their children.