by Kristyna Larch, Law Offices of Michael W. Bugni & Associates

Clients may hear the words collaborative and cooperative when meeting with a variety of family law attorneys. There is a key distinction between the two. It is worth asking which the attorney is referring to.

Collaborative divorce is a process through which spouses work together with the help of both of their attorneys and one or more neutral advisors (financial specialist, divorce coach, child specialist) to create a mutually desirable settlement that meets their family’s unique needs. Collaborative divorce and collaborative law both refer to a specific, formal process for resolving a divorce or other domestic or civil legal matter. Attorneys who work within the collaborative process have typically completed specialized training and engage in ongoing professional development regarding collaborative dispute resolution.

In Washington and some other states the collaborative process is formally recognized and governed by statute. In Washington this is the Uniform Collaborative Law Act (UCLA) found at RCW chapter 7.77.

Information about collaborative divorce can be found in various places. Some notable ones are the International Academy of Collaborative Professionals (IACP) and King County Collaborative Law. Both websites contain resources, information, and access to certified collaborative professionals.

Cooperative refers to what many experienced family law attorneys do. Cooperative litigation is simply where the attorneys hired by clients happen to both be willing to try to reach agreement before entering the courthouse.  There is no formal process associated with cooperative litigation. It comes down to the experience and style of each attorney. The posture of the case and the process that all must ultimately adhere to all occur within a litigation context.

Potential clients should always prepare a list of questions for any attorney they are going to meet with. Discussing process options is as important as the selection of the attorney. Both are a matter of trying to achieve a good fit.