When court proceedings and the threat of court are removed from the settlement process, the creativity, range and durability of settlement options greatly expands. Most attorneys have had the experience of settling cases on the courtroom steps, or even after a trial has started. By the time cases settle in this conventional context, however, a great deal of money has been spent, emotions have been exhausted, tensions have seethed and caused damaging conflict.
The collaborative divorce process offers a different approach from cases that settle in conventional settlement negotiations because there’s no court date pressure, threat of what a judge will do, or anxiety about having to make a quick decision that may very well, and likely will result in buyer’s or seller’s remorse.
Especially where children are involved, the goal of the collaborative process is to enable couples to reframe their relationship in a way that allows them to create their own satisfying resolution of their conflict. They may have failed at their marriage, but the collaborative process gives them the opportunity to find a solution for their divorce.
Irene King is the Founder of King Collaborative Family Law in Charlotte, NC, where she practices exclusively collaborative family law and serves as a certified mediator of family conflict. She is committed to guiding clients in resolving their conflicts and rebuilding for the future with integrity and dignity.