![]()
The collaborative approach to divorce
began in the early 1990’s with an out-of-the-box idea from a group
of family law attorneys. They decided there had to be a better way
to obtain a divorce, to avoid litigation and minimize the scars
divorce leaves on a couple and their family. Thus, the collaborative
practice movement was born.
Founding attorneys Stu Webb and Ron Ousky first put the practice of
Collaborative Law into use in Minneapolis, Minnesota. By way of
mutual agreement, the divorcing couple’s attorneys avoided
litigating the matter and resolved their conflicts outside of the
courtroom. By the mid-1990’s, Collaborative Divorce, which differs
from Collaborative Law, developed in Arizona when lawyers began
working with a team of professionals to guide people through the
divorce process.
The team approach to Collaborative Divorce is based on the premise
that the best professional for each facet of the divorce is serving
the client’s needs. Attorneys handle legal issues for their clients;
financial issues are dealt with by a neutral financial professional;
and emotional/communication issues are facilitated by divorce
coaches. The essential element of a Collaborative Divorce is the
commitment by all of the team professionals to withdraw from a case
if either or both of the divorcing couple wishes to resort to
litigation.
Collaborative Divorce is now practiced widely in this country, and
has caught on internationally, especially in Canada and England, and
will continue to gain popularity as an alternative to litigated
divorces.