Collaborative Divorce Law 101

The birth of collaborative divorce law

After years of seeing the misery created by the traditional litigation model of divorce law, Stu Webb, a Minneapolis family law lawyer, was ready to quit practicing. He decided to make a radical change keeping only those parts of the law he loved. One thing he vowed never to do was to step into a courtroom. The Collaborative Law Practice was born when his first attempt failed and he realized that settlement lawyers must resign once the case became adversarial. His official Collaborative Family Law practice began on January 1, 1990.

Pritchard and Carter, students of Webb's, furthered his ideas by formally acknowledging that clients were involved in interest based negotiations rather than positional bargaining. This came to be known as the Medicine Hat Collaborative Practice Model, named after the Canadian town in which they practice.

Why collaborative divorce law?

While there are many positive aspects of collaborative law, one of the best reasons to choose this route is for the kids. The gladiator style of traditional divorces does not take into consideration that the couple may need to continue their relationship, albeit a very different kind of relationship. This is especially the case if there is an obligation to care for children. The traditional model encourages one party to view the other party in the worst possible terms, to prove that the other is the undeserving "bad" person in an effort to protect their own position. How can this be a good set-up for these two people to move forward and co-parent in an effective and healthy way? While the husband and wife break up, a mom and dad are for life. The traditional model has failed to recognize this significant piece of the divorce transition.

The basics of collaborative divorce law