Colorado Collaborative Law - Team Approach
	Summary. Another form of dispute resolution which is fairly new in Colorado, is called Collaborative Law. I call it TeamWork Law. This is an approach where each Spouse is represented by a separate attorney in an atmosphere of team cooperation. However, the attorneys have a stake in the negotiation, because if the collaborative negotiation fails, the attorneys must withdraw.

TeamWork Law - Collaborative Law - Defined
This is a problem-solving approach where the parties agree in writing to not go to court or threaten to go to court. The focus is on creative and cooperative problem-solving rather than hostility and vengeance.

Here, the parties are both represented by their own attorneys. The attorneys are hired for the specific objective of resolving all issues without resorting to court litigation. The attorneys must focus on win-win agreements so that the Spouses will not wind up in litigation. The attorneys must be skilled at identifying and expanding on various options and resolutions which address the circumstances and needs of both Spouses..

Collaborative Law - Advantages .
This approach allows the parties to retain control, similar to mediation. It allows the parties to make their own solutions to their own unique family law problems. This makes sense, since no on knows the facts, circumstances, and needs of the family better than the family members themselves.

This approach is less costly than traditional court litigation. It is also less costly emotionally, particularly when there are minor children involved.

However, the spouses do not give up their right to later go to court for traditional litigation. The traditional court litigation process can be referred to as the "emergency room." Use it only if all else fails.

One reason that this process is less expensive than traditional litigation is that both spouses hire the same experts, such as a parenting evaluator, real estate or business appraiser, etc., Since the spouses are trying to work together to resolve their differences, generally they can agree to the choice of just one expert, instead of each hiring their own. Further, a collaborative (team) process which results in agreement is far less costly in attorney fees than the traditional litigation process .

Collaborative Law - The Process - Different From Mediation
The process includes a series of 4-way meetings with both spouses and the attorneys for both spouses. The meetings are designed to allow for responsible and honest negotiation to meet the reasonable needs of both spouses, to the maximum extent possible.

Here the spouses do have their own attorneys to try to reach a fair settlement of all issues. If settlement cannot be obtained, then either spouse may file the standard petition to have a judge decide the issues (but with different attorneys.)

TeamWork law (Collaborative Law differs from mediation because mediation involves a neutral third party Mediator who is trying to get the parties to reach an agreement. Although the Spouses in a mediation can also be represented by their own attorneys, a Mediator must remain neutral. In TeamWork law, their is no neutral Mediator involved. The attorneys represent the best interests of their clients. However, the TeamWork process is similar to mediation in that the Spouses are still focused on reaching their own agreement.

Also, if mediation fails, then any attorneys currently working with the Spouses may represent the Spouses in litigation. In contrast, in the Teamwork (Collaborative) process, the attorneys cannot continue to represent the Spouses if the process fails.

Collaborative Law - Everyone has an Incentive to Achieve Success.
Here both Spouses and all attorneys have an incentive to reach a successful agreement. If traditional litigation is used because if the TeamWork process fails, then both Spouses must incur the expense of hiring different attorneys for the litigation process. And both attorneys who have been assisting with the TeamWork process will be unemployed because they cannot continue to represent either party.

Therefore, both Spouses and their attorneys will suffer financially if the Teamwork process fails to reach an agreement.