Collaborative Divorce

Both collaborative divorce and mediation are non-adversarial alternatives to traditional litigation, but they are distinct processes. In mediation, a neutral third party facilitates negotiation between the parties, who may or may not have attorneys present. The mediator does not represent either party. In the collaborative process, each party has their own attorney who actively participates in all negotiations and advocates for their client throughout the process. The collaborative process also involves a formal participation agreement and may include other neutral professionals, such as financial specialists or mental health professionals, depending on the needs of the case. Mediation is also commonly used within a traditional litigation or collaborative framework as a step toward settlement.

If either party decides to terminate the collaborative process and proceed to litigation, the process ends. Under the participation agreement and Florida's Collaborative Law Process Act, both collaborative attorneys must withdraw, and each party must retain new counsel for any subsequent court proceedings. This requirement is a fundamental feature of the collaborative process, not an exception to it. It is one of the reasons the process requires genuine commitment from both parties before it begins. If you are considering collaborative divorce, it is important to have a candid conversation with your attorney about whether both parties are truly prepared to engage in the process in good faith.

No. Collaborative divorce works best when both parties are committed to reaching a resolution outside of court and are willing to engage in the process honestly and in good faith. It may not be appropriate where there is a significant power imbalance between the parties, a history of domestic violence, or reason to believe that one party will not participate transparently. It also requires that both parties be willing to accept that their collaborative attorneys must withdraw if the process fails and litigation becomes necessary. Before committing to the collaborative process, Rosanna will give you an honest assessment of whether it is a realistic option given the specific circumstances of your case.