As a third-year law student, I’ve had the opportunity to learn about collaborative divorce in my role as a student liaison for Collaborative Divorce NH. In my year with CDNH, I’ve seen that collaborative law is more than an alternative to litigation — it’s a creative approach to problem-solving that emphasizes cooperation and client-focused resolutions. Still, despite it’s rising popularity in practice, the collaborative approach is not something most law schools teach closely.
Understandably, most law schools aim to teach students to become excellent courtroom lawyers. Students think about the law in terms of winning and losing (and sometimes settling). While this is an important skill, litigation is only one aspect of legal practice. In reality, there are a multitude of ways to solve one legal problem, and more and more people are seeking out alternatives to the traditional courtroom dispute.
In family law, the focus is often on litigation where each side crafts their best arguments to convince the judge they should get what they want. But, this can create more stress and conflict both in the short- and long-term. Collaborative divorce offers a different path. Instead of going to court, both sides work together with a team of professionals – including each party’s attorney, a financial neutral, and a mental health professional – to find a solution that works for everyone. This approach can often lead to better, longer-lasting outcomes for families.
While traditional legal education does teach methods of alternative dispute resolution (ADR), this is typically limited to mediation, and collaborative practice is often left out of the mix. As a result, many law students graduate without knowing another tool exists to resolve a dispute more amicably than through litigation.
In both mediation and collaborative divorce, each party has their own attorney representing their needs and interests. However, in mediation, attorneys don’t work directly with one another to negotiate on behalf of their clients. Instead, the neutral mediator leads the discussion to guide the parties towards an agreement, and the attorneys advise their clients privately. Further, the parties are aware that should mediation not succeed, they can result to litigation to resolve the dispute. In contrast, at the start of a collaborative divorce, the parties and their attorneys sign a participation agreement stating that the attorneys will withdraw if the matter cannot be resolved collaboratively, and the parties will have to find new counsel to represent them in litigation.
Skills Beyond the Courtroom
Family law isn’t just about statutes and case law — it’s about helping people navigate one of the most difficult times in their lives. Thus, it makes sense that collaborative divorce is all about finding solutions that prioritize the well-being of the family and emphasizing that teamwork can result in a solution that everyone can agree on.
Practicing collaborative law requires a set of skills that are essential for all types of legal work. Negotiation, active listening, empathy, and conflict management are all important skills for any attorney. Learning about collaborative law allows students to further develop these skills, which will make them better attorneys when they start practicing.
For those who have yet to encounter collaborative law, here are a few takeaways about collaborative practice:
1. Collaboration Over Competition: Unlike the traditional adversarial process, collaborative divorce emphasizes cooperation and creative problem-solving.
2. Interdisciplinary Approach: Collaborative practice combines the skills of attorneys, financial professionals, and mental health specialists to represent the needs of both parties through team-based advocacy.
3. Communication is Key: Active and effective listening, empathy, and strategic negotiation are just as critical to a positive outcome as legal knowledge.
4. Redefining “Winning” in Family Law: Success means crafting agreements that benefit both sides and their children, not prevailing one side prevailing over the other.
My experience as student liaison with CDNH was deeply enriching and allowed me to see another side of family law. Most importantly, collaborative practice demonstrated to me that not every legal dispute has to be a battle. As a future lawyer, I feel better equipped to handle disputes in a way that prioritizes cooperation. Law students who learn about collaborative practice will graduate more skilled, more adaptable, and more prepared to come to resolutions that meet everyone’s needs.
By Ginny Belt, CDNH Student Liaison
Law Student