The flexibility and fluidity of the collaborative divorce process corrects power imbalances in the divorcing couple’s relationship and negotiations. It does this by –
• Providing each spouse with the advice and support of a divorce attorney whose sole agenda item is to make a good settlement in which the needs and interests of his/her client, and, ideally, those of the other spouse, are fulfilled.
• There is a fluid and flexible spectrum of advocacy in collaborative law. During negotiations the well-trained and experienced collaborative lawyer is fully prepared and knows in advance what is most important to his client. Moreover, the attorney has done his/her best to empower the client so those needs and concerns are articulated during the settlement conference.
• If the client, for any reason, does not fully articulate those needs and interests during the four-way meetings (both spouses and their attorneys present), then it is perfectly okay for the collaborative lawyer to be a “partisan advocate” and speak more like a traditional divorce lawyer by serving as the client’s “mouthpiece.”
• If the client, on the other hand, is successful in expressing his/her needs and interests, the collaborative attorney will be a “facilitative advocate,” encouraging the client to do most of the talking.
The collaborative process makes the benefits of mediation available to couples for whom a power imbalance makes mediation less than ideal. In mediation, each spouse has to advocate for him or herself. A power imbalance puts one spouse at a disadvantage in mediation. Collaborative divorce corrects that imbalance.
© Arnold D. Cribari 2016
