No.  The collaborative process does not assume, nor does it require, that the parties be amicable.  The collaborative process does require that there be a commitment between the parties to resolve their dispute outside of the litigation process and to be willing to voluntarily and willingly disclose all relevant and material information.  Once the decision to engage in the collaborative process is made, then a collaborative team will be established to maximize the success of the collaborative process.  The collaborative team will very likely include a mental health care professional, or coach, for one or both parties, to assist the party(s) in dealing with the anxiety and emotional aspect of the process.  Certainly, at least one coach will be required in those collaborative cases with a high level or animosity.

Posted in: Collaborative Law