Cooperative Divorce  is less about a specific process than it is about a shared desire by both parties to avoid court and to conduct settlement negotiations in an open, transparent and respectful manner. While the parties do not enter into a formal non-litigation agreement, a contract may be signed between the parties at the beginning of the case setting out ground rules such as acting in good faith, keeping an open mind, not involving the children in conflicts and not using a threat of litigation to coerce an agreement.

For cooperative divorce to succeed, both parties must be represented by attorneys who are equally committed to avoiding court. Ideally, the attorneys both have mediation training or experience. Settlement negotiations may be conducted through the attorneys, or in a series of meetings between the clients and the lawyers, depending on the clients’ preferences. In either model, the goal of the lawyers is to help the clients craft agreements that meet both parties needs. Neutral advisors may be brought in as needed.

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