Each party hires a specially trained collaborative attorney, and other collaborative professionals as needed, and all work together in a cooperative, non-adversarial process with one goal: to achieve a mutually acceptable agreement.

You and the other party and your respective attorneys promise in writing to voluntarily disclose all financial and other relevant information, to proceed respectfully and in good faith as you negotiate toward a settlement. All of you also promise to refrain from the threat or use of litigation.

A key component of a successful collaborative process is the four-way meeting. It's a structured setting in which both parties and their attorneys communicate and negotiate directly with one another.

The four-way meeting - and the whole collaborative process - is a team approach to resolving family law disputes. If and when you need additional collaborative professionals, such as mental health or financial specialists, you bring them into the process.

Because everyone involved is committed to voluntarily disclosing necessary information, formal discovery tools, such as depositions, written interrogatories, or subpoenas, are unnecessary. And there is no place for argumentative, accusatory, or threatening letters between attorneys.

Negotiation Defined
In the collaborative process, you'll hear the term interest-based negotiation. It's an approach to dispute resolution which helps redirect the parties from wanting a certain outcome, or taking a certain position, and refocuses them on underlying needs, wants, values and objectives.

When the parties agree on what's truly important to them - for example, if both of you want your children to stay in their current school district - you engage in interest-based negotiation. That way, you build the resolution that best addresses your common objective. Interest-based negotiation encourages win-win oriented discussions, creative problem solving, and settlements that meet the needs of all members of the family.

When an Agreement is Reached
Once an agreement is reached on all of the issues, the agreement is spelled out in a written document. The document is filed with the court and the parties proceed to an uncontested final court hearing. At the hearing, the court approves the agreement and grants the judgment.