The Collaborative Lawyer for Divorce in Colorado
	Lesson Summary. Collaborative law is a less expensive and more efficient process than conventional litigation. If mediation is not successful, then often a collaborative process will be successful. Your collaborative attorneys have a financial incentive to get the case resolved without having to go to court, since they must agree to withdraw if the case goes to trial.

A. Collaborative Law - Defined

This is a problem-solving approach where the parties and their attorneys agree in writing to not go to court or threaten to go to court. The focus is on creative and cooperative problem-solving rather than hostility and vengeance. However, if this effort fails, the parties may still go to court, but with different attorneys.

Here, the parties are both represented by their own attorneys. The attorneys are hired for the specific objective of resolving all issues without resorting to court litigation. The attorneys must focus on win-win agreements so that the Spouses will not wind up in litigation. The attorneys must be skilled at identifying and expanding on various options and resolutions which address the circumstances and needs of both parties in a family law case.

B. Advantages of Collaborative Law Attorney Services

With the collaborative law model (with appropriate attorneys), if settlement cannot be reached, then the attorneys involved in the collaborative law effort cannot represent the parties at trial. The attorneys must withdraw and quit the case if they cannot settle it. This process provides a financial incentive to the parties and their attorneys to successfully settle all disputed issues without going to court.

In contrast, under the mediation process or conventional litigation process, the attorneys earn more money if the case does not settle, the case drags on, and the case is ultimately decided at a court trial. At more financial and emotional cost to the parties.

If the parties refuse to mediate, then I suggest that the collaborative law model be used. If one or both parties will not agree to use collaborative law, then I suggest reducing legal expenses by using a cooperating attorney agreement to try to stay out of court. (A cooperating attorney is another method where the attorneys agree to try to stay out of court, but can represent their clients in court if the case cannot be resolved.)

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