DuPage and Kane County Cooperative Divorce
I have written in this blog on Collaborative and Cooperative Divorce and conducted a seminar last year for the Kane County ADR Committee on Collaborative and Cooperative Divorce. The Collaborative Divorce offers some distinct advantages to divorcing parties over the typical bitterly contested, litigated divorce. However, there have been some difficulties with the collaborative model, such that my office more typically suggests a Cooperative Model. I have developed my own approach to the collaborative process, and other cutting edge lawyers have done so, as well. In the right case, with the right parties, it's a terrific way to help divorcing families. What is this model? Linda Roberson wrote recently about this model, and I enclose it below:
The attorneys who are spearheading the “collaborative divorce” movement have adopted this idea with the best of intentions. They are looking in good faith for a more humane and less stressful way to deal with the sturm und drang of marital dissolution. They are legitimately frustrated with the waste of time and duplication of effort that goes into simultaneous settlement negotiations and trial preparation. They want to make a hard time easier for their clients and for themselves.
We can work toward these goals without running afoul of ethical rules, and refusing to use the available resources of the court system appropriately to facilitate negotiated settlements wherever possible. Let’s call it “cooperative divorce.”