The History of Collaborative Divorce

Professionals have been working in a collaborative model of divorce for over twenty years.  The collaborative divorce movement began when several attorneys became committed to the concept that the divorce process should be more focused on personal relationships than the legal system.

In 1990, lawyer Stuart Webb (family law attorney) vowed that he would no longer go to court for his divorce clients. Instead, Mr. Webb offered to assist his clients to settle and negotiate their problems outside the courtroom only.  Mr. Webb further vowed that he would withdraw his aid from any client who decided that they would rather have a judge decide their divorce than settle the matter out of court. 

Interest in collaborative law grew as professionals began to explore what appeared to be a better way of resolving the issues of family breakdown. Medicine Hat, Alberta was one of the earliest cities to take advantage of the idea of collaborative divorce. They liked the plan so much that family cases in courts were reduced by 85%.

Today, those who practice collaborative law are finding that it is often less expensive than the cost it takes to prepare a regular case in the courtroom. It is becoming more widely known and practiced by lawyers everywhere throughout the United States and Canada.

Collaborative divorce is not the same as divorce mediation.  The terms cannot and should not be used interchangeably.  In mediation, there is a neutral party, the mediator.  In collaborative divorce the attorneys, though working collaboratively to achieve a negotiated settlement, are not neutral.  Each lawyer provides his or her client with independent legal advice regarding any proposed agreements.