Alternative Dispute Resolution
The Revolutionary New Approach to Divorce
• A Non-Litigated No Court Divorce
• Emphasizes the Needs of Children
• Offers More Control of Your Divorce Settlement
• Less Stress & Expense Than Traditional Methods
• Provides Professional Legal, Emotional & Financial Advisor Support
Robert W. Lueck has been a major proponent and advocate of Colloborative Divorce since discovering it's needs and many advantages while serving as a Family Court Judge in Las Vegas.
In 2005 he co-founded the Collaborative Professionals of Nevada and served as the Principal Expert Witness before the Assembly Judiciary Committee and the Nevada State Judiciary Committee
for the passing of the Uniform Collabrative Law Act
in May 2011.
A Different Approach To Divorce That Promotes Peace and Avoids War.
While our adversarial court system has served society well for criminal trials and civil disputes, it has proven to be less than ideal for divorce and family matters. Too often our justice system results in divorces that are far too expensive and stressful, while leaving both parties unsatisfied with unmet needs.
While traditional divorce encourages parties to fight their way to final settlement, the goal of Collaborative Divorce is to reduce conflict, focus on solutions and to encourage healing throughout the divorce process.
Collaborative Divorce has been developed from an understanding of the stress, fears, and uncertainties associated with divorce. Our professionals call upon many years of practical, professional experience to promote peaceful divorce settlements.
Introducing Collaborative Divorce
Collaborative Divorce represents a revolutionary approach to family law. This innovative model represents a major departure from traditional methods of divorce by avoiding court and
addressing the significant, but often overlooked, impact of divorce on personal health and financial matters.
The goal of Collaborative Divorce is to provide a method of dissolving a marriage that reduces the stress, time & expenses normally associated with a traditionally litigated divorce.
The most important distinction with the Collaborative Divorce process is that the courts are never involved until the final decree.
A team of Collaborative professionals, made up of attorneys, mental health professionals & financial professionals, guide the parties to a mutually agreeable divorce settlement.
This is the only method of divorce that formally incorporates the services of three professions to help you through what may be the most difficult time in your life for you and your children.
What Makes Collaborative Divorce Different?
The Collaborative Divorce process begins with a signed participation agreement. Both parties agree that they will not go to court,
that they will not threaten others with going to court and that they will strive hard to resolve their case through good faith, reason,
common sense and creative negotiations to reach a mutually acceptable divorce settlement.
The unique aspect of this process is that the Collaborative Team works entirely outside of the court system.
Everything is conducted in private meetings and through private communications in an open, non-confrontational setting.
The main advantage of Collaborative Divorce is that the parties are always in charge of their own resolution.
The Collaborative Team only suggests and provides appropriate options, solutions, and compromises.
The parties decide the terms of their divorce, not the lawyers or a judge. When the terms of an agreement are reached,
the Collaborative Team's purpose is to facilitate the parties' decisions into legally binding arrangements.
If the collaborative process fails for any reason, none of the associated professionals can represent either party or serve as witnesses in court.
The only vested interest for the collaborative professional is in helping both parties reach a mutually agreeable settlement outside of court.
The result is that both parties must work very hard to settle their case and reach an agreeable resolution.
If an agreement cannot be reached, both parties must begin the divorce process again with new attorneys and other professionals.
How Can Collaborative Divorce Save Time & Expense?
For the great majority of people, Collaborative Divorce will be less expensive, often far less expensive, than traditional methods, even while employing an entire team of professionals.
In a typical collaborative case, each party has an attorney and a divorce coach. The parties then mutually employ a neutral financial specialist.
In the course of a traditional divorce, lawyers will spend many hours preparing and filing complaints, answers, motions, taking depositions, etc. Many hours are also spent in court, sometimes waiting hours for a case to be heard, and then preparing court orders afterwards. If your divorce case goes to trial, many more hours will also be spent for trial preparation and then for trial itself.
With Collaborative Divorce, lawyers are not spending time preparing formal court papers or attending court. The lawyers, clients and the other team members work in large or small team meetings as needed and communicate by phone, letters or email. Far less time is needed to accomplish these tasks and no time is spent in court.
Furthermore, the parties, and the Collaborative Team set their own schedules for meetings, while not being controlled or limited by court schedules and availability.
Collaborative Team Professionals
Collaborative Divorce offers the services of legal, mental health and financial professionals working together as a team to help our clients through the divorce process. Given that the outcome will impact lives long after the divorce is final, the goal is to help both parties make thoughtful, rather than reactive decisions.
Attorneys handle the legal aspects of the divorce to ensure that all arrangements are proper, legal and binding.
Mental health professionals may include a licensed marriage/family therapist, psychologist or licensed clinical social worker who functions as a divorce coach to help you deal with stress or any emotional issues that may arise for both parties including children and to teach communication skills to avoid impasses. Psychological stability, from both sides is essential to making the right decisions and reaching a peaceful settlement as soon as possible. Cases with difficult custody issues may also employ a child custody specialist to assess and communicate the unique needs of each child.
Financial specialists are certified financial planners, certified divorce financial planners or CPAs who specialize in the financial & tax aspects of divorce. Their purpose is to help both parties reach a mutually acceptable financial agreement while assisting in making manageable, long-term decisions.
Collaborative Professionals offer very specialized services, having undergone extensive training in collaborative mediation methods and procedures. We have developed insights into all aspects of the divorce process and how our three independent professions can work together for you.
Is Collaborative Divorce Right For Me?
Unfortunately, the need for divorce may arise from serious personal or interpersonal problems such as mental health issues, drug or alcohol abuse, personality disorders, and excessive conflict.
Those families may require additional specialized services & care as part of the collaborative process to facilitate divorce proceedings.
How Do I Get Started?
Ideally, people would resolve their problems & difficulties and remain married. However, we recognize that many marriages simply will not survive and that divorce is inevitable.
When a marriage cannot be maintained, our goal is to help you reach a mutually agreeable divorce, begin healing and hopefully save you considerable expense & stress in the process.
Contact us today to schedule a consultation to evaluate your case and family situation.
Contact Our Office For More Information