The Gains that Spouses Draw from Applying Collaborative Law During their Separation

Collaborative Divorce
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Introduction Trends indicate that collaborative lawyering has been gaining speed in recent years. One of the areas in which this practice has gained popularity is the divorce niche, leading to the emergence of collaborative divorce. Experts define this approach as a client-inclined negotiation process that does not involve adversarial techniques. It is akin to a voluntary and privatized initiative involving the various parties and resolving their marital problems beyond the court’s premises. As a result, each contracts a collaborative attorney to represent their interest in a problem-solving session incorporating diverse professionals to reach an amicable solution. The perceived ease of progress of collaborative divorce contrasts with the traditional divorce, characterized by a robust adversarial nature and lengthy and emotionally painful procedures. Each side exploits the tactical legal applications to acquire a suitable ruling. The method is also better than the mediation process that involves a third-party mediator in the absence of lawyers, risking individuals making concessions against their best interests due to the lack of appropriate legal counsel. Thus, collaborative divorce brings numerous advantages.               The purpose of writing this paper is to demonstrate the gains that spouses draw from applying collaborative law during their separation. A detailed exploration of diverse concepts about collaborative divorce would reveal critical aspects about its applicability in different divorce contexts. Moreover, the features of this approach indicate that it represents a balance of mediation and traditional divorce proceeding, meaning that it borrows specific functional mechanics to create a reliable process of conflict resolution. As a law student, I argue that saving divorcing parties from the divisive nature of traditional adversarial methods and the disadvantaging mediation approach would require them to embrace a neutral technique that adequately represents the interests of all parties involved. Collaborative divorce’s course emphasizes amicable separation, which leaves room for healthy future interactions. Thus, this paper will explore the unique concepts of collaborative divorce, affirm why it is a positive topic in family law, and assess contradictory opinions. Concepts A critical component emerging from collaborative divorce is that the method is settlement-oriented. Salava emphasizes that the structure of the process focuses on holistic benefits at every stage. Similarly, Marumoagae acknowledges this aspect by indicating that collaborative lawyers do not disregard the role of emotions commonplace in family law. As a result, they design the process so that all parties recognize the value of remaining open-minded rather than allowing emotions associated with divorce to cloud their rationality during the negotiation. This concept enables the technique to avert worsening the relationship between the divorcing parties into opponents seen in traditional adversarial courts. As a result, the parties retain their human decency and self-respect while articulating the fundamental needs of dissolving the marriage and co...