Collaborative Divorce
Collaborative Divorce focuses on settlement and the needs of the parties. In the collaborative process there is no mediator. Instead, both parties have collaborative counsel, extensively trained and qualified first as family mediators and then as collaborative practitioners. The collaborative approach is interdisciplinary and innovative, as the lawyers are allies who can call upon specially trained joint financial and other experts. Uniquely all counsel and experts contract not to represent a party or be involved in a litigated divorce, should the process terminate, thereby allowing them to focus on solutions, rather than on litigation.
As part of the collaborative law process, both parties hire separate attorneys whose main function is to settle all issues. The parties, their lawyers and experts, if needed, all sign a participation agreement which includes the following:
The collaborative divorce process evolved from family mediation and can be a better choice, depending upon the mind-sets of the parties. See the differences and similarities among the various Divorce Models: Collaboration, Mediation and Litigation.
Mr. Hoberman has been practicing family law for over 40 years. He is member of the Collaborative Divorce Association of North Jersey and the International Academy of Collaborative Professionals. If you are contemplating a divorce or have any questions regarding family law issues, please feel free to contact him. He will be pleased to discuss with you this important threshold decision: collaborate, mediate or litigate. There is never a charge for an initial telephone conference.
As part of the collaborative law process, both parties hire separate attorneys whose main function is to settle all issues. The parties, their lawyers and experts, if needed, all sign a participation agreement which includes the following:
- Disclosure of Documents: Both parties agree to fully and completely provide financial disclosure and all needed documents.
- Experts: Lawyers can call upon joint experts as needed: financial, such as accountant, pension, business valuation, tax or mortgage; divorce coach; child specialist; and others if required.
- Children: Both parties agree to minimize the impact of the divorce upon the children, not to expose the children to inappropriate communications regarding marital issues and to make all reasonable efforts to reach a solution that promotes the best interests of their children.
- Integrity and Respect: Both parties agree to deal with the other in good faith and respectfully, not to withhold or misrepresent information, and to uphold a high standard of integrity by not taking advantage of inconsistencies or miscalculations of the other, but instead disclosing them and seeking to have them corrected.
The collaborative divorce process evolved from family mediation and can be a better choice, depending upon the mind-sets of the parties. See the differences and similarities among the various Divorce Models: Collaboration, Mediation and Litigation.
Mr. Hoberman has been practicing family law for over 40 years. He is member of the Collaborative Divorce Association of North Jersey and the International Academy of Collaborative Professionals. If you are contemplating a divorce or have any questions regarding family law issues, please feel free to contact him. He will be pleased to discuss with you this important threshold decision: collaborate, mediate or litigate. There is never a charge for an initial telephone conference.