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Firm Overview

Michigan Collaborative Law

Listed below are some frequently asked questions regarding family law. If you still have questions about collaborative law, see our resources section or more information about collaborative law.

What is collaborative law?

Collaborative Law was founded by Stuart G. Webb, a Minnesota attorney, in 1990. After almost quitting the practice of law due to the hostile and stress-filled environment, Mr. Webb chose to begin practicing as a settlement lawyer only; i.e., no more going to court. He developed the team approach to support the parties as they worked toward settlement. From here the idea blossomed as more and more lawyers saw it as a peaceful and productive way of resolving disputes.

What types of family law disputes can be resolved with collaborative law?

Collaborative law can be used for any dispute. It has been used the most often in the family law arena to resolve disputes related to:

  • Divorce, Legal Separation or Annulment
  • Child Custody/Parenting Plans
  • Visitation and Visitation Disputes
  • Spousal Maintenance/Alimony
  • Child Support, Daycare Costs and College Tuition
  • Valuing Assets
  • Division of Property
  • Division of Debt
  • Tax Issues
  • Paternity Issues
  • Break-up of Same Sex Partnerships
  • Guardianships
  • Adoption
How do I begin the process?

It takes two willing participants to effectively use the collaborative law process, and two lawyers willing to practice law collaboratively. The most important distinguishing feature for collaborative lawyers is that they both agree, if the matter cannot be settled out of court, to withdraw from further represenation. The parties then have to find new lawyers to go to court. This provides a big incentive for the parties to settle.

The most important distinguishing feature for the parties is that both sides agree to full and fair disclosure of all relevant facts; no stone-walling or game-playing. The parties seek to reach a settlement for the highest good of all concerned.

Since Collaborative law is a relatively new process, your spouse may be reluctant to agree without proper education regarding the benefits of the process. Therefore it is a good idea to:

  • Schedule a restaurant "date" with your spouse to discuss Collaborative Family Law and share the information from this website. If you feel your spouse might be wary of the information coming from you, invite him to look up collaborative law on the internet.
  • Review and choose from the list of dedicated collaborative law attorneys practicing law in your state.
  • Meet with your attorney to discuss your case and the details of the process.
Why should retaining collaborative lawyers be considered?
  • The process is generally less costly and time-consuming than litigation.
  • You are a powerful part of the settlement team, not just a spectator in the courtroom.
  • All parties are supported by their lawyers and yet they work cooperatively with the other parties and their lawyer(s) in resolving the issues.
  • The process is much less fear and anxiety producing than going to court, or the threat of such proceedings.
  • Everyone focuses proactively on settlement.
  • The participants can create a climate that facilitates "win-win" settlements, with the support that is needed in emotional, traumatic times.
Is collaborative law the best choice for me?

It is well worth considering if some or all of the following are true for you:

  • You want a civilized and respectful resolution of the issues.
  • You would like to keep open the possibility of friendship with your partner down the road.
  • You and your partner will be co-parenting children together and you want the best co-parenting relationship possible.
  • You want to protect your children from the harm associated with litigated dispute-resolution between parents.
  • You value privacy in your personal affairs and do not want details of your family restructuring to be available in the public court record.
  • You value control and autonomous decision making and do not want to hand over decisions about restructuring your financial and/or child-rearing arrangements to a third party, for example, a judge.
  • You recognize that outcomes in the public court system are more restrictive, and want the freedom to creatively structure your own resolution in a way that works for you both.
What areas of the law are prime or collaborative law?

While many areas of the law are good candidates for Collaborative Law, it is most commonly, at this time, used in Family Law cases.

How does collaborative law work?

While many areas of the law are good candidates for Collaborative Law, it is most commonly, at this time, used in Family Law cases.

Collaborative law begins with both parties retaining collaborative lawyers, and then signing a participation agreement. They then schedule a series of four-way meetings where the parties agree to provide full and fair disclosure of all relevant information. The collaborative team may also include divorce coaches for each party, a neutral financial expert, and a child therapist where it is appropriate. Basically, the collaborative lawyers are committed to finding ways to achieve settlement that will work best in your case. Their philosophy is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

What is the difference between collaborative law and mediation?

In mediation, there is one "neutral" who helps the disputing parties try to settle their case. The parties do not have the benefit of legal counsel to advise them. The mediator cannot give either party legal advice, and cannot help either side advocate its position. If either party becomes unreasonable or is emotionally distraught, or lacks negotiating skill, the mediation can become unbalanced. If the mediator tries to deal with the problem, the mediator is often seen by one side or the other as biased, whether or not that is so. If the mediator is unable to deal with the problem, the mediation can break down, or the agreement that results can be unfair.

Collaborative Law was designed to deal more effectively with all these problems, while maintaining the same commitment to settlement as the sole agenda. Each side has quality legal advice at all times during the process. Even if one side or the other lacks negotiating skill or financial understanding, or is emotionally upset or angry, the playing field is leveled by the presence of the skilled advocates. It is the job of the lawyers to work with their own clients if the clients are being unreasonable; to make sure that the process stays positive and productive.

What kind of information and documents are available in the collaborative law negotiations?

Both sides sign a binding agreement to provide full and fair disclosure of all documents and relevant information. "Hide the ball" and stonewalling are not permitted.

What if the other party does not behave honorably?

That can happen. It also can and does happen in conventional legal representation. What's different about collaborative law is that the collaborative agreement requires a lawyer to withdraw if his/her client is being less than fully honest, or participating in the full good faith. For instance, if documents are altered or withheld, or if a client is deliberately delaying matters for economic or other gain, the lawyers have promised in advance that they will withdraw and will not continue to represent the client. The same is true if the client fails to keep agreements made during the course of negotiations. The other party then has 30 days to find a new lawyer and the parties proceed via the court system.

Why must a lawyer resign if the other side decides to go to court?

The requirement that all lawyers be disqualified in the event of a breakdown guarantees that all participating counsel will be totally and exclusively motivated to make the process succeed. Thus, all participants are equally and fully invested in finding the solutions to all problems. More subtly, it is believed that the way people participate in negotiation, and especially the way lawyers participate, is affected by the certainty that lawyer will never litigate the case. Openness, candor, and cooperation replace guardedness, secrecy, and threats as the techniques most likely to achieve ultimate success. Walking out in anger, or provoking the other side to, ceases to be a viable tactic.

How do I know whether it is safe for me to work in the collaborative law process?

The Collaborative Law process cannot guarantee you that every asset or every bit of income will be disclosed, any more than the conventional litigation process can guarantee you this. In the end, a dishonest person whose goal is to hide assets can sometimes succeed, because the time and expense involved in investigating concealed assets is high, and the results uncertain. You are generally the best judge of your spouse or partner's basic honesty. If you have confidence in his or her basic honesty, then the process may be a good choice for you.

What happens if a settlement can't be reached?

If the parties are unable to arrive at a settlement through the collaborative-law approach, the collaborative lawyers withdraw from the case and the parties then retain trial attorneys to pursue their matter in court. The result is that the parties will have had the best representation for each phase of their proceeding.

Who should use collaborative law?

Collaborative law is the answer for any client interested in resolving their case "outside of the system" in an amicable and respectful setting. Clients should consider it if they would like to keep open the possibility of friendship with their partner down the road, or if they will be co-parenting children together and want the best co-parenting relationship possible. Collaborative law is also for those who want to protect their children from the harm associated with litigation between parents.

Clients who value privacy in their personal affairs and do not want details of their family restructuring to be available in the public court record will appreciate the benefits of collaborative law. So will clients who value control and autonomous decision-making and do not want to hand over decisions about restructuring their financial and/or child-rearing arrangements to a third party; for example, a judge. Outcomes in the public court system are more restrictive, while the collaborative approach affords a great deal of freedom to creatively structure a resolution that works for both parties.

This process also provides a safe yet empowering environment for those clients who might be uncomfortable stating their position to the other party. Having an attorney at your side to support you, gather and interpret documents, and make appropriate referrals to accountants, financial planners, therapists or other experts as needed is likely to give the confidence that clients need to participate fully in decision-making. When one party appears to have more power or influence in the relationship, the collaborative approach helps achieve a balance of power.

What role do the attorneys play in the collaborative process?

Attorneys have an ethical obligation to represent their clients zealously and completely. Although it may appear that your attorney is being sympathetic to your partner's point of view rather than arguing for "your" side, remember that your attorney is modeling respectful and open listening. Affirming what your partner has said does not mean that your attorney agrees with your partner's position or that they are abandoning you. Because all four of you are trying to achieve a peaceful dissolution, your partner or your partner's attorney might just have an idea worth considering.

Remember too that communications between you and your attorney are confidential unless you instruct your attorney otherwise. However, because all parties to the participation agreement commit to full and fair disclosure of relevant information, you and your attorney must carefully evaluate whether you can withhold information while still upholding collaborative-law principles. The important question here is "Is this information relevant to the process?" If it is, you have an ethical obligation to reveal it. And while your attorney cannot reveal a confidential communication due to the attorney-client privilege, they will have to withdraw if you tell them relevant information that you wish to conceal from the other side.

How do I choose a collaborative law attorney?

If you choose collaborative law, you should hire an attorney trained in the process. Although most attorneys are skilled at negotiating settlements, knowledge of the techniques, documents, and principles that make this process work are vital to its success. Collaborative law is still relatively new. So long as an attorney has been trained in the process, it will work even if it is their first case. Look for an attorney who inspires your confidence, has been trained in the collaborative law approach, is a good listener, a skilled advocate, and someone who understands your needs, interests and goals.

Your partner or spouse may actually choose a collaborative attorney before you find one. If so, that attorney may recommend that you contact other attorneys with whom they have worked very well. This is a good thing and not a cause for concern. Unlike the adversarial system, where the fear is that the attorney is steering you towards someone they can manipulate, in the collaborative law process, they are most likely recommending someone who is very skilled in the win-win approach. You can choose to interview an attorney recommended by your partner's attorney with more confidence because trained collaborative law attorneys have the same goals and mindset in dealing with the case, and that is to reach the solution that is for the highest good of all concerned.

Why has collaborative law become so popular?

Collaborative law is truly the wave of the future. No other alternative process has caught on so quickly or been adopted with such enthusiasm. Proponents of mediation struggled for years to gain its acceptance, while attorneys resisted the movement even more than clients.

In collaborative law, attorneys need not "give up" their clients to the mediator. Instead, they form a partnership with their clients to reach a peaceful resolution, a much more satisfying role for them both. The very nature of the traditional adversarial approach drives a wedge between whatever remains of the marital and parental relationship. The opportunity for mutual trust and respect is eliminated by trial preparation, interim court appearances, and the trial itself. The other party's weaknesses, failures, misdeeds and mistakes must be magnified and publicized in order to "win." The impact of such an ordeal can last years, or even a lifetime.

The collaborative law process breathes new life into the divorce arena. Agreements are more likely to be honored without post-divorce court action, and the parties feel better for having treated each other with dignity and respect. What we send out comes back and what we believe about ourselves becomes true for us. Collaborative law enables partners whose relationship is ending to move on peacefully. People who enter into new relationships without a lot of "baggage" from the past are more likely to have success. A positive spiral, instead of a negative, is created that can benefit the parties, their families, the attorneys, and the community as a whole. With the collaborative approach, divorce can become the gateway to a happier life.