Collaborative law is a relatively new and developing practice in the history of divorce. Consulting attorneys for mediation and conflict resolution when a marriage is ending only started to become a widespread convention in the U.S. during the 1980s. While it's impossible to know if mediation could have prevented painful consequences in past divorces, it's worth considering how old divorce cases may have had better outcomes if the families had access to collaborative law processes.
When couples going through the divorce process cannot provide the terms of their settlement on their own with the help of attorneys, it's likely to be resolved in court according to state law. This includes property division, child custody and many other crucial issues that must be taken care of when couples split up. If spouses choose not to take a collaborative approach to their divorce, many critical decisions may will be decided in court.
In "The War of the Roses," a very dark comedy from 1989, Michael Douglas and Kathleen Tuner played a long-time married couple who increasingly find themselves at each others''' throats. Eventually, they seek a divorce - with many no-holds-barred arguments along the way.
Collaborative law is a fairly new term. It signifies a new approach to resolving divorce cases, one what emphasizes seeking win-win solutions and using the insights of professionals such as financial planners and child psychologists.
Collaborative law is a new approach to divorce that tries to cut through the conflict to find solutions that work for all concerned. This means a resolution that not only fits with the goals of each party, but also is in the best interest of any children involved.