Tuesday, February 22, 2011

Collaborative Divorce is a Fad?


Yesterday, a new potential client came in to see me.  She was really interested in collaborative divorce.  She thought all the supports collaborative provides would really help their family and help her and her spouse co-parent in a meaningful way.  The problem, she informed me, was that her spouse, who is the son of a prominent member of the local bar association, told her that collaborative divorce was "just a fad," and that it was "that new thing that nobody does."  Is there anything someone could say to make my blood boil hotter?  Nope.
This "fad" is conducting a training in Maryland next week.  Not just any training; this one is sponsored by the Administrative Office of the Court, and will be introduced by the Chief Judge of our highest appellate court.  This "fad" was just voted its own section of our local bar association.  The American Academy of Matrimonial Lawyers has a collaborative law section.  The Uniform Law Commission created the Uniform Collaborative Law Act for passage by state legislatures.  Three states have statutes governing collaborative law practice.  There are thousands of professionals trained in the practice worldwide.  A "fad"?  I think not.
I have a dream - that one day litigation will be considered alternative dispute resolution and not the default.

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