The thought of divorce can feel overwhelming, filled with anxieties about legal battles and uncertain futures. But imagine a process that prioritizes your family’s well-being, minimizes stress, and saves you significant time and money. That’s the core idea behind the collaborative divorce process. We sat down with Lisa Gill of Gill Family Law to learn more about this process, how it works, and some of its most significant benefits.
Collaborative Divorce vs. Traditional Litigation
The biggest (and perhaps most important) difference between collaborative divorce and traditional litigation is that both parties agree not to seek assistance from a judge or the court system. Instead, they enter into a participation agreement. This agreement outlines both parties’ commitment to resolving their issues outside of court and jointly engaging neutral professionals rather than each party retaining their own.
“In a collaborative situation, both parties agree on what type of expert is needed to reach a resolution,” explains Lisa. “You’re only hiring one person and agreeing to adhere to their professional opinion. This is just one way that collaborative law is different and more cost-effective — parties agree on who gets hired, and there’s only one expert instead of one on each side.”
Once both parties have entered a participation agreement, they attend “joint sessions.” These are structured meetings facilitated by the collaborative team to replace formal discovery used in traditional litigation, a lengthy process involving exchanging various documents.
“Once people engage in a participation agreement and decide they are going to participate in the collaborative process, they have a ‘joint session’ where everybody (both parties, attorneys, and an expert) comes to the table to work through various objectives — whether they’re related to the custody of children or finances,” adds Lisa.
The Benefits of Collaborative Law
Beyond the obvious benefit of not having to deal with the headaches of a courtroom and judge, a collaborative divorce process is much more streamlined. In a traditional litigated divorce, you’re likely dealing with court delays, motions and petitions, or scheduling conflicts. However, thanks to collaborative law’s focus on finding mutually agreeable solutions, resolutions are often reached much faster.
“To resolve issues in litigation, you have a couple of tools: filing motions and petitions. These are both time-consuming and can take up to a few months to be completed,” Lisa explains. “In a collaborative situation, all you need to do is coordinate a meeting. You don’t have to wait on a court or judge.”
The collaborative process also saves time, energy, and money through its unique approach to information gathering. Using a less formal approach when collecting details, both parties agree to automatic disclosures and acknowledge specific documents they may use throughout the process.
“In a collaborative process, you make a list of more concise and specific documents,” Lisa explains. “Then, there’s more open-air communication, and we collectively have information that both parties can access — which is much less expensive and stressful.”
Another benefit of the collaborative process is its emphasis on nonviolent communication, which encourages an extra level of transparency and trust. This is partly because of the problem-solving dynamic during joint sessions. “What you’re trying to do in the collaborative process is encourage a level of transparency that will create trust so people are not fighting as much as they are looking for solutions,” adds Lisa. “Everything is usually done with all parties and their attorneys present in hopes it promotes nonviolent communication and reduced hostilities.”
Choosing the Right Attorney (And Why Gill Family Law?)
When it comes to choosing the right attorney for a collaborative divorce, Lisa says it’s important to do your research. After all, you want someone who knows what they’re doing and is properly trained in collaborative law.
At Gill Family Law, their attorneys practice both traditional litigation and collaborative law, but what sets them apart is their efficient internal processes and use of technology to manage information. “What you see a lot in firms that are small to midsize is that they do not have internal processes and technology to digest information quickly,” explains Lisa. “We have developed processes to very quickly digest large volumes of information in a way that makes us nimble. We’re able to use what we have found in those documents quickly in order to get the answer and reach a resolution faster.”
This commitment to helping families navigate divorce with dignity and respect is truly what makes Gill Family Law stand out. The firm’s client-centered approach ensures that each client receives personalized attention and compassionate guidance throughout the process.
This article is sponsored by Gill Family Law.
Lisa Gill practices law in both the Memphis and Nashville areas. For Memphis residents, Gill Family Law is located at 6750 Poplar Ave #820, Germantown, TN 38138. For Nashville residents, Lisa practices out of the Wicker Smith office, which is located at 3990 Hillsboro Pike, Suite 200, Nashville TN 37215.
