California Collaborative Law

Non-adversarial methods

A new alternative to dispute resolution in California, "Collaborative Law" is gaining popularity among divorcing couples. It's the third resource in a lineup consisting of litigation and mediation; like mediation, it employs non-adversarial techniques.

Four-Way Negotiations

You and your spouse each hire your own collaborative lawyer, and you conduct settlement negotiations with your lawyers by your sides -- usually during four-way meetings in which the lawyers act as advisors to the clients instead of taking charge of the process. If you can't reach agreement, then your lawyers must both withdraw, and neither your lawyers nor any member of their firms may represent you in divorce litigation. This means all four participants are committed to reaching a reasonable settlement.

"The advantages of collaborative law are threefold," says Woodland Hills California collaborative lawyer Ron Supancic. "First, you save the child the trauma of their parents being locked in a combat that lasts for generations. Second, you shorten a process that usually lasts a long time -- as much two-to-three years -- and drags on interminably. With collaborative law, the process can take only four-to-six months, depending on the parties. Third, there are the financial savings; in collaborative law, we've found that we often do the entire process for the cost of the initial Order to Show Cause."

The collaborative method reaches for the basic goodness in you and your spouse and looks for win-win solutions. Instead of creating bitterness, it aims to create a renewed respect for -- or a better understanding of -- your ex-spouse and a general feeling that the agreement was a job well done.

Most negotiations end in agreement because of the determination of all participants -- including the lawyers -- to reach that goal. If you fail to achieve an agreement, you'll have a clear understanding of the issues involved, which should help you deal with your new lawyer more effectively -- saving time and money. "We have a whole different generation now," says Supancic. "Divorcing people used to just want to destroy each other, but people now don't want to be a negative, destructive influence on their kids. They just want a fair deal according to what the law provides."

Divorce