A collaborative divorce is a family law procedure where the parties to a divorce agree that they will not contest or challenge issues related to their divorce in court. Collaborative divorce is a voluntary alternative dispute resolution process, where the parties try to resolve disputes between them through a series of meetings. Such meetings or joint sessions have the parties, their lawyers and neutral experts discussing priorities, goals, needs and interests of the parties, to reach a settlement amicable to both spouses. Here the lawyers assist their clients by employing cooperative techniques for amicable dispute resolution.
The key document in collaborative cases is a participation agreement. Participation agreements are contracts signed by the parties and their lawyers, setting forth the rules and commitments for the collaborative process. In such agreements it is agreed that the lawyers assisting the parties shall withdraw from the process if the parties are unable to reach a settlement and that they shall not participate in any ensuing litigation. The parties in a collaborative divorce focus on a holistic result that benefits all the parties involved.