Isn't collaborative practice the same as mediation?

No. The dynamic in mediation is entirely different from collaborative practice. While collaborative practitioners are trained in meditative techniques, it is very rare that clients in mediation have their advocates in the room with their mediators. Mediators are neutral and typically do not give legal “advice”. The mediator represents neither party, yet the parties are often encouraged to seek legal advice from independent attorneys. In the collaborative process, clients attend a series of meetings accompanied by their attorneys; by their coaches; and/or by any other member of the collaborative team. The goal of the process is to create a global settlement in writing that meets the needs of the children and of the parents; a resolution acceptable to both spouses.

Attached is an interesting article from Cincinnati Divorce Attorney Maury White

INTERESTS VERSUS POSITIONS

What are some of the Key Elements or "Rules" of collaborative divorce?

1. The participants and their respective collaborative attorneys make a pledge not to go to court. Both attorneys and other team professionals will withdraw from the process if either participant goes to court .
 
 2. There is a commitment of cooperation, respect and integrity and a respectful, creative effort to meet the legitimate needs of both participants and their children, if children are involved.

3. In collaborative divorce, there is an open, honest exchange of information. The participants freely disclose all financial information and pertinent material. Neither participant takes advantage of the miscalculations or mistakes of the others. Errors are identified and corrected.

4. If children are involved, both participants insulate the children from their disputes and, if custody becomes an issue, professional custody evaluations are avoided.

5. Both participants may use the same coach, child specialist, financial specialist and pension attorney. All such experts, if involved during the collaborative process, will be retained jointly and remain neutral third parties.

6. In collaborative divorce, the attorneys must guide the process to settlement or withdraw from further participation in the divorce process. Unlike adversarial lawyers, who remain involved whether the case settles or a trial is held, your collaborative attorney can no longer assist you should you decide to litigate.

7. In collaborative divorce, both participants have equal access to the family's funds to ensure that they both have access to professionals including collaborative attorneys of their choosing.

8. All information exchanged between the participants and their respective attorneys in the joint meetings remains confidential.

Check out  this is article on the topic of spouses  hiding assets during a divorce, from Janet Baker of the Collaborative Law Group of Southern Arizona.

How long will the process take?

Each case is unique, and the length will depend on the complexity of the issues and the difficulty in resolving them. The more the parties work together, and cooperate in providing necessary documents, meeting with other professionals, etc., the faster the process will be. Normally, a collaborative case will take less than one year, which is still significantly shorter than the traditional litigation process.

Why is Collaborative Divorce such an effective settlement process?

Have you had a friend or family member whose had nothing but complaints about their divorce? It is likely they wish they had had another alternative that did not destroy their parenting relationship or their wallets. Divorce has a cost but it can be minimized by the steps you are willing to take.

Who do you want your attorney to be? Someone who approaches your spouse as an adversary? Someone who can guide you to less hostile interaction with your spouse?

Perhaps you should consider a collaborative divorce. Collaborative lawyers have a completely different view of their function in the collaborative process. We call it a “paradigm shift.” Instead of being dedicated to getting the largest possible piece of the pie for one side, no matter the human or financial cost to either or both of the parties or the family, collaborative lawyers are dedicated to helping their clients achieve the best outcome for their post-divorce restructured families.
             
Collaborative lawyers do not act as hired guns, do not take advantage of mistakes inadvertently made by the other side, do not threaten, demean or insult, or focus on the negative of either client. They expect and encourage the highest good-faith problem-solving behavior from their own clients as well as themselves. They offer their clients the advantage of working with other neutral professionals to provide options before any final decisions are made.

What is the benefit? You begin to work on an agreement from the first meeting without court intervention. You get the help you need to make sound decisions. You have the tools to leave the marriage and still communicate as co-parents. You have the best opportunity to minimize the toll on your emotional well being. Would it make sense to you to know there are several ways to approach a divorce? Aren't you and your family worth exploring all those options?

What is collaborative divorce?

Collaborative divorce is a model for dispute resolution in which separated and divorcing couples, each represented by independent, specially trained attorneys, creatively reach agreement on all relevant issues without going to court and without threatening to do so. Collaborative family divorce is a team approach often involving mental health professionals ("divorce coaches" and "child specialists"), and financial specialists all of whom agree to use neutral, rather than partisan appraisers. A primary goal of the collaborative model is to avoid the acrimony and trauma of subjecting children to court-appointed forensics and emotionally damaging litigation.