Learn the Difference Between Collaborative Divorce and “collaborative style?”
By Dan Lewis
The major difference between Collaborative Divorce and “collaborative style” negotiation is that with Collaborative Divorce the parties and their attorneys sign a Collaborative Divorce Participation Agreement. This agreement contains the vital provision that if the process does not result in a settlement, then the parties’ attorneys must withdraw from their representation and each party must either hire a new attorney or choose to proceed without legal counsel.
A “collaborative style” negotiation involves the similar exchange of documents and information, but with the threat of litigation looming over the parties and most often through sending written proposals/counter proposals between attorneys. While Collaborative Divorce is practiced throughout North Carolina and is set forth in North Carolina law, many attorneys are either unaware of this confidential settlement option or lack the experience and/or understanding of how it works. This tends to lead many attorneys to steer clients away from Collaborative Divorce as a viable option for dispute resolution.
Dan Lewis is a partner with Tin Fulton Walker & Owen, PLLC, in Charlotte, North Carolina. He has exclusively practiced family law since 2005, is a North Carolina Certified Family Financial Mediator, and has been practicing Collaborative law since 2009.