Indiana Cooperative Divorce
The Collaborative Practice takes the cooperation track to the next level. Mr. Finman and Mr. Herman describe Collaborative Divorce as follows:
“In a collaborative divorce, the parties and their attorneys work together to solve problems. There is a commitment at the beginning of the case to work towards settlement. To ensure the clients that the lawyers join in this commitment, the lawyers contractually agree to withdraw from representation if the case goes to trial.
Unlike a cooperative divorce, in collaborative divorce, there is no judicial involvement. As part of the commitment to avoid court, in fact, the lawyers agree that if the case goes to trial, both lawyers must withdraw from future representation and transition the case to litigation counsel. It is this enormous threat which serves as an impetus for the lawyers and the parties to endeavor to engage in creative problem solving, rather than threatening, or actually going to court. By promising to avoid court, collaborative lawyers avoid the threats and intimidation associated with litigation techniques which tend to scar relations between the litigants. It also avoids wasted resources, as cases do not need to go through unnecessary trial preparation for cases which are settled the day of trial. There is, quite simply, no day of trial in a collaborative divorce.
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There are seminars dedicated to the teaching of the collaborative practice model. These seminars are invaluable in training a lawyer to think “non-litigation” and to revamp his/her practice from litigation to collaboration. Again, my colleagues have discounted the need to commit to the collaborative track via attorney agreements; however, it is not merely a way of thinking, but an actual method of practicing law. This cannot be taken lightly, and should be considered and studied prior to making the determination to represent a client in a collaborative divorce. The benefits of the cooperative track and collaborative practice to the client/family are:
1. Less contention and animosity;
2. Enhanced communication between the parties from the “get go;”
3. The parties learn early to co-parent the children;
4. Encourages the parties to think “outside the box” to craft terms of settlement that benefit their individual family;
5. Less stress to children;
6. Decreases the financial burden of hiring experts, performing formal discovery, and multiple hearings;
7. Decreases the length of time it takes to finalize the divorce;
8. Keeps the parties out of the courtroom; and
9. Sets a pattern of communication that will enable parties to cooperative in the settlement of post-dissolution issues.
Benefits to the Lawyers:
1. Less animosity, less stress, more fun;
2. Ability to get the same information without a fight;
3. Ability to handle more cases because of efficiency of cooperative track and collaborative practice;
4. Happy clients pay better;
5. Happy clients refer more clients;
6. Can sleep at night;
7. Less stress/better family life;
8. Better feeling about what I do; and
9. Feeling like I’ve helped a family rather than torn it apart.
In summary, it is time to rethink family law practice, and practice it differently than we currently do. The legal system was not developed with the intention of divorcing spouses and designating custody and parenting time arrangements. Court’s are backlogged with family cases, and judicial officers simply do not want to deal with family issues.
As lawyers, we can advocate for a change in the practice method that will benefit our clients, their children, and ourselves.