Collaborative Practice

Divorce, separation, and child custody situations can be contentious. Sometimes, this is due to high emotions and hurt feelings. But often times, these proceedings become contentious due to the adversarial nature of court proceedings. Even when settlements are negotiated without court in the traditional manner, they can quickly become ‘positional’ and contentious.

In court, the separating parties typically “communicate” through letters between lawyers, who speak for them in court. And in the end, someone is typically the “winner,” and the other, the “loser.” Is it any wonder that people come out the other side with feelings of bitterness?

Collaborative practice, also known as “collaborative family law,” or “collaborative divorce,” is a much more open process for resolving legal matters. All parties come together and have real meetings, where issues are discussed according to an agenda and timeline. Each person gets to contribute and work cooperatively to come up with resolutions that are fair and reasonable. The parties speak to each other directly, respectfully and constructively with a spirit of compromise.

Collaborative practice requires special training and accreditation. Charles Morrison was one of the first local lawyers to train in this user-friendly process.