Collaborative Divorce
A Different Way To Divorce
In a collaborative divorce,
the parties strive
to reach a fair settlement
on all marital issues without going to court. This is accomplished through a series of meetings, sometimes called "Four-Ways", between the two parties and their lawyers.
A great additional benefit of the collaborative process is the use of other neutral experts, such as divorce coaches, child specialists and financial experts, when necessary and agreed to by the parties. The primary focus of the four-way meetings or joint sessions is to identify the priorities, goals, needs and interests of the parties, and help them progress towards and create a settlement that is consistent with those priorities, goals, needs, and interests. The parties make their own decisions based on their own standards.
At the Rubino Law Group we believe that in most instances the parties themselves, and not a Judge, are better suited to make decisions related to the care and custody of their children and the equitable distribution of the marital assets.
This method of divorce was created in 1990 by a Minnesota family lawyer named Stu Webb, who saw that traditional litigation (going to court) was not always helpful to parties and their families, and often was very damaging. Since 1990, the collaborative law movement has spread rapidly to most of the United States, Europe, Canada and Australia. According to the International Academy of Collaborative Professionals, of which Renée A. Rubino is a member, more than 10,000 lawyers have been trained in collaborative law in the United States, with collaborative practitioners in at least 46 states.
Ms. Rubino belongs to the North and Central Jersey Collaborative Divorce groups and regularly presents workshops on mediation and collaborative divorce.
Distinction between Mediation and Collaborative Divorce
While there is a parallel between collaborative divorce and mediation, in that both are facilitative processes, in collaborative divorce each party is represented by counsel, as opposed to appearing alone before a neutral third party, the mediator.
A mediator (who may or may not be an attorney) does not “represent” either side, he or she merely facilitates communication between the parties to help them reach a settlement. Outside counsel is strongly recommended before entering into the final agreement.
In collaborative divorce, the attorneys serve as advocates for their clients, advise them on the law and the consequences of various options, and assist in the negotiations.
We handle the full array of post-judgment applications including modification issues concerning alimony, child support, changes in primary residence and changes in parenting time schedules.
ARTICLES
Mediation: A Powerful Alternative to Litigation
"A mediator can help people set aside their positions and emotions and focus on options for a successful and healthy resolution." Garden State Women invited leaders within the legal and related professions to share their knowledge on significant legal topics of interest to women.
Renée A. Rubino, author
Garden State Woman Magazine - Special Legal Resources Section
Published: Spring 2008
The Case for Mediation
Renée A. Rubino, author
New Jersey Law Journal
Published: November 5, 2007
Contact us to learn how we can help you avoid litigation and negotiate settlements in a way that involves far less time, money and anxiety. For your convenience, evening and weekend hours are available.
