There are many differences, but the most noticeable ones are:
- There is no formal discovery, i.e. no depositions, “interrogatories” or “document requests.” The spouses agree to full and complete voluntary disclosure of all relevant information.
- The negotiation model used is the “interest-based” model instead of a “position-based” model.
- The attorneys in a collaborative divorce agree that they will never represent the spouses against each other in court proceedings if agreements on all issues are not reached and the issues need to be resolved in court proceedings. This protects the integrity of the process.
- The negotiations take place in “collaborative conferences” with the spouses, attorneys and any other appropriate professionals in the room together. This helps improve communication, saves time and money and promotes the “problem-solving” concepts used in the collaborative divorce model.