Collaborative Law is a voluntary, non-adversarial process where both parties work together with their attorneys to reach a mutually beneficial agreement. Unlike traditional litigated divorces, where the focus is often on winning legal arguments, Collaborative Law emphasizes communication, cooperation, and confidentiality.
Key Features of Collaborative Law:
- Voluntary Process: Both parties agree to participate in the process willingly.
- Mutual Agreement and Solutions: The focus is on finding solutions that work for both parties, rather than one side “winning.”
- Confidential and Private: Unlike court cases, which are public, Collaborative Law proceedings are private and confidential.
- Emphasis on Communication and Cooperation: Encourages open communication and working together to solve problems.
- Involvement of a Professional Team: Often includes a team of professionals, such as financial advisors and child specialists, to help reach the best outcomes for all involved.
The Effectiveness of Collaborative Law
A study conducted in 2015 on 1,186 divorce cases highlights the success rates and satisfaction levels associated with Collaborative Law:
- 94% Success Rate: A staggering 94% of Collaborative cases were settled within the process itself, avoiding the need for court intervention.
- Low Court Involvement: Only 2.26% of Collaborative participants required a post-decree decision by a judge, compared to 20.5% in the traditional court process and 11.5% who used mediation or arbitration.
- High Satisfaction Rates: 81% of those who used the Collaborative process were generally satisfied with their own well-being post-divorce, significantly higher than the 69.5% satisfaction rate for those who went through the traditional court process.
Source: https://www.collaborativepractice.com/sites/default/files/IACP-2015_DivorceExperienceStudy.pdf
These statistics demonstrate that Collaborative Law not only provides a more amicable and efficient path to divorce but also contributes positively to the participants’ well-being post-divorce.
James M. Cordes, Esq.
jcordes@kinnettcordes.com
Kinnett & Cordes
140 E. 19th Avenue, Suite 600
Denver, CO 80203
303-968-1711