The second structured "friendly" approach to divorce is collaborative law.
Unlike mediation, where the divorcing parties use a neutral and impartial person to guide them during their settlement discussions, collaborative law uses the parties' two attorneys to do the same job.
Collaborative lawyers do not perform traditional legal work for their clients. They limit the scope of their representation to that of negotiation guides for their respective clients.
The lawyers' jobs are to assist the parties in reaching a non-court settlement and they sign an agreement with the divorcing couple that prohibits them from ever going to court on behalf of their clients (except for the entry of routine papers that both parties agree to in riting, and in advance).
If either spouse refuses to settle out of court, the services of both lawyers are terminated immediately and the parties must go into the court system with new representation.
Collaborative lawyers are not neutral and impartial. Their role is to give legal advice and direction to their individual client only. The lawyers are present during the parties' negotiations to guide their clients and to help the parties from derailing their hopes for a sensible settlement.
Essentially, collaborative divorce law practitioners do the same job as mediators, but also furnish on-the-spot legal services to their client at the same time.
