Collaborative Model
The spouses and their lawyers sign a binding contract that defines the scope and sole purpose of the representation: to help spouses engage in a creative problem-solving aimed at reaching a negotiated agreement that best meets the needs of both parties. The spouses retain their right to have the Court resolve the issues in their case, but if either party resorts to the Court for dispute resolution, both lawyers are automatically disqualified from further representation of either party. All experts are retained jointly within the model and are similarly disqualified if the model breaks down. During the process, although the lawyers are advocates for their clients within the bounds of professional responsibility, they share a binding commitment to keep the process honest, respectful and productive on both sides.
This model has been used in the United States since the early 1990’s and is rapidly gaining popularity as a dispute resolution model in divorce across North America and abroad. The Pikes Peak Collaborative Law Association was formed in 2003 by a group of lawyers who wanted to offer this dispute resolution model to families in El Paso County. The Association was expanded in 2004 to include mental health and financial professionals to provide the expertise needed to fully address the needs of the family.
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