Collaborative Practice

Collaborative practice is a non-adversarial, interest-based, client-centered approach to problem solving and dispute resolution.

Family Law

Collaborative practice is recognized in Maryland as an alternative to a conventional, litigated divorce. In a collaborative divorce, spouses commit not to go to court. With the assistance of their attorneys and other collaboratively-trained professionals, including coaches, a financial neutral, and where necessary a child specialist, the parties work together to achieve a mutually-agreeable settlement. Collaborative divorce minimizes the emotional turmoil of divorce, prioritizes the well-being of any children of the marriage, and protects the privacy of the parties. Participants are often able to maintain a relationship with each other after their divorce is final and feel empowered, rather than victimized by the process.

Some key differences between conventional and collaborative divorce are:

• In a conventional divorce, communication occurs primarily between the lawyers. In a collaborative divorce, you and your partner communicate directly. Every matter of substance is discussed at joint meetings in which you and your partner participate.
• In a conventional divorce, a judge might end up deciding what is best for you and your family. In a collaborative divorce, you and your partner decide that.
• In a conventional divorce, you hand over control of your case to your lawyer. In a collaborative divorce, you and your partner maintain control over the process.
• In a conventional divorce, the pace of progress may be dictated by the court's schedule. In a collaborative divorce, the pace is as fast or slow as you and your partner desire.
• In a conventional divorce, parties often come out of the process feeling hurt and attacked by their partner and their partner's lawyer, which breeds resentment. In a collaborative divorce, it is possible to communicate in such a way that you and your spouse can work together after separation.
• In a conventional divorce, children may perceive their parents' behavior negatively or may be manipulated by one parent to hurt the other. In a collaborative divorce, children's needs are prioritized, and a joint parenting plan is developed. As a result, children feel less anxious because their parents are talking to each other and working things out.

Civil Collaborative Practice

Collaborative practice is also beneficial in matters involving the dissolution of same-sex relationships and business partnerships, disputes between employers and employees, disputes involving the disposition of a decedent's estate, and other matters where the parties wish to maintain a relationship after the conflict is resolved.

Sean P. Vitrano is a collaboratively-trained legal professional. He is a member of the International Academy of Collaborative Professionals and the Maryland Collaborative Law Association.

For more information on collaborative practice, we encourage you to contact our firm. In divorce cases, we are happy to discuss the process with one spouse or both spouses jointly and can recommend other qualified collaborative practitioners. We also recommend that you view the IACP's website at www.collaborativepractice.org.