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Cooperative Divorce Arbitration: Best of Both Worlds

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We at RLC are dedicated to out-of-court solutions for families.  We particularly like cooperative divorce and collaborative law.  There are so many benefits:


However, not every family is a good fit for Collaborative law.  That system requires that if the family can’t reach their own agreements then they have to get all new attorneys, all new experts, and basically start the whole process all over again.  If a family is struggling with sobriety, neurodiversity, or mental health concerns, then Collaborative law might not be the best choice because they would lose their attorney if they couldn’t reach agreements.  To make matters worse, these are often the families that benefit the most from an out-of-court system.  Therefore, attorneys in Colorado have come up with an in-between option: Cooperative Arbitration.


What is Cooperative Arbitration?


Families who choose to use this system agree at the beginning that they will stay out of the state court process no matter what.  They agree to try to settle without interference using the collaborative model.  However, if they are not able to reach agreements on certain aspects of their case, then they agree to use an arbiter to break the tie.


An arbiter is a family law attorney who basically agrees to serve as a private judge for your family if you can’t reach agreements yourself.  Because we are using a cooperative system instead of the true collaborative system, you do not lose your attorneys if you need to go to arbitration.  All your experts and all of your attorneys can stay and help your family.


There are differences between judges and arbiters.  One is that we can model your arbitration in the best way to fit your family.  If there is no need for people to come testify when they can write a letter, we can do that.  If its better to submit everything in writing, we can do that.  Another difference is that these arbiters are very skilled and knowledgeable family law attorneys who will be able to mold creative solutions for your family.  Many state court judges do not understand family law, and the complexities that many families have either financially or emotionally.  These arbiters do understand all of that, and most importantly, how everything affects your children.   There are other detailed differences, you should be sure to ask your attorney what they mean.


How is it the same and different from Collaborative Law?







While there are some other differences, these are the most notable differences between the two systems.  If you want to learn more about Collaborative Divorce, please visit the following websites:


Our Page: https://www.mrutherfordlaw.com/collaborative-divorce/

Foothills Collaborative Divorce Professionals:  https://www.coloradodivorceprofessionals.org/

Colorado Collaborative Divorce Professionals: https://ccdp-law.org/

International Association of Collaborative Professionals:  https://www.collaborativepractice.com/


How is it different from traditional litigation?

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The important takeaway is that you and your spouse have control over how you get a divorce.  If you would like to learn more, CONTACT US today to schedule a consultation with an attorney.

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