Once the decision has been made to end a marriage, the most important question to be answered is "how" the parties will go about it. In every instance, the answer to "how" involves two components: what form will the inevitable negotiations take; and, what happens if the negotiation ends in a dispute or impasse.
Cooperative Divorce provides you with the flexibility to choose from among all of your options in creating a process that suits them. You select, both, the negotiating model and dispute resolution mechanism with which you are most comfortable. The choices for the negotiating model include: four-way meetings with the parties and their counsel (either required or as requested by either party); mediation; facilitation; or, early neutral evaluation. The dispute resolution options include: arbitration; a private judge; cooperative litigation; and parenting coordination. You are free to "stack" your choices. For example, the negotiating model can specify four-way meetings as requested, followed by mediation, before proceeding to the dispute resolution mechanism.
Glossary of Process Terms
Once the choices have been made as to the form of the negotiation and the mechanism for dispute resolution, these elements are set forth in a Participation Agreement signed by you and your counsel, and by your spouse and his or her counsel. The Participation Agreement is a binding and enforceable agreement. To the extent that the parties select arbitration as the way in which any dispute will ultimately be resolved, Cooperative Divorce is the only process that assures that you will not become involved in prolonged court litigation that is costly to the family, both, economically and emotionally.
Cooperative Divorce Summary
Cooperative Participation Agreement
Bar Journal Article - Cooperative Divorce
Skirbunt & Skirbunt, LLC has been a pioneer in advancing and developing choices for clients, alternative to litigation. Senior partner, James Skirbunt, is the co-creator and principal architect of the Cooperative Process and a nationally recognized leader in Cooperative Practice.