What the Process Generally Involves
Collaborative family law is a structured process in which both spouses, each represented by their own specially trained collaborative lawyer, commit to resolving issues like parenting, support, and property division through a series of negotiation meetings, generally without going to court. Other professionals — such as financial specialists or family coaches — are sometimes brought in as part of the process where helpful.
The Commitment Not to Litigate
A defining feature of the collaborative process is generally a signed agreement, at the outset, committing to resolve matters without going to court — and if the process breaks down and court becomes necessary, the collaborative lawyers generally cannot continue representing the parties in litigation, meaning new lawyers would need to be retained. This structure is generally meant to keep everyone's incentives genuinely aligned toward settlement.
The Professional Team Involved
Beyond the two collaborative lawyers, the process can generally involve neutral specialists brought in jointly, such as a financial neutral to help with property and support calculations, or a family professional to help manage communication and parenting discussions. This team-based structure is generally meant to bring the right expertise to bear without each side needing separate, competing experts.
When It Tends to Fit
Collaborative family law tends to suit couples who want a structured, respectful process and are both genuinely committed to reaching an agreement without going to court, but who may still want the security of having their own lawyer throughout. It's generally a different model from mediation, where a single neutral mediator — rather than two separate lawyers — facilitates the discussion. See our guide to mediation vs. arbitration for that comparison.
Frequently Asked Questions
How is collaborative family law different from mediation?
In mediation, a single neutral mediator facilitates discussion between both spouses. In collaborative family law, each spouse generally has their own specially trained collaborative lawyer throughout the process.
What happens if the collaborative process doesn't result in an agreement?
Generally, the collaborative lawyers can't continue representing the parties if the matter proceeds to court, meaning new lawyers would need to be retained — this is a core structural feature meant to keep everyone focused on settlement.
Do I still have my own lawyer in collaborative family law?
Generally, yes — each spouse generally has their own collaborative lawyer, unlike mediation, which generally uses a single neutral mediator for both parties.
Are other professionals involved in collaborative family law?
Often, yes — neutral specialists like financial professionals or family coaches are sometimes brought in jointly as part of the process, depending on the family's needs.
Is collaborative family law faster than going to court?
It can be, since it's structured specifically around reaching agreement outside the court process, though the actual timeline depends on the complexity of the issues and how cooperative the process proves to be.