COLLABORATIVE  FAMILY LAW

By John L. McElwee

All of us have heard horror stories from relatives and friends about ugly divorces featuring long, bitter, and expensive court battles.  These divorces often take months, and sometimes years, to complete.  The parties are left embittered and angry, with the family destroyed in the process.  These horror stories have been memorialized in movies such as Kramer v. Kramer and The War of the Roses.

But experienced divorce attorneys all agree that they settle approximately 95% of their cases without ever having a judge or magistrate impose a decision.  How can such dissatisfaction arise from settlements?

The problem has been that these same attorneys immediately put almost all of their divorce cases on a litigation conveyor belt, and the settlements have come on the courthouse steps right before trial, after the destruction has occurred.  The parties have lost control of the process in which their case is handled, the decisions that are made, and ultimately the cost.

            In 1990, Stuart G. Webb, an attorney in Minneapolis, Minnesota, became disillusioned with the divorce battles and the destruction, and he came up with a simple idea.  If about 95% of 0ur cases were going to settle, why not get off the litigation conveyor belt and start from day one to do those things that would lead to efficient, economic, expeditious, and effective settlements?  Why not let the parties retain control of the process, the decisions, and the cost? Why not be a settlement lawyer instead of a trial lawyer?  Collaborative Law was born! 

            Here’s how it works.  The parties and the Collaborative attorneys meet in a series of settlement conferences, called fourways.  The parties and the attorneys sign a written contract right at the beginning pledging voluntary and complete exchange of all information early in the process.  They further agree to engage in principled, interest-based negotiations, in which they explore the interests and needs of the parents and their children and the options for meeting those needs.  But the most powerful part of the contract is that although the parties keep the right to go to court if settlement is not reached, the Collaborative settlement lawyers must withdraw and be replaced with new trial lawyers hired for the courtroom battle. 

Attorneys learn in Collaborative law that without the ability to go to court, they must develop and employ effective communication and negotiation skills.  They also are learning that the Collaborative model works.

            Clients are finding that at last they can enter a process which will respect their active participation, will let them be heard as to what is most important to them, and will let them customize financial agreements and parenting arrangements which will meet the needs of the entire family.

Collaborative Family Law is now practiced by active groups in approximately 35 states and many parts of Canada.  It is estimated about 5,000 lawyers have received this special Collaborative training. 

Ohio has been in the forefront in organizing groups.  The first Ohio group was formed in Cincinnati in 1997.  There are now groups in Columbus, Cleveland, Wilmington, Lebanon, and Hamilton.    

1) Butler       5) Fayette      9) Highland        13) Montgomery

2) Clermont   6) Franklin      10) Lake            14) Paulding