Mississippi has become the latest state to adopt the Uniform Collaborative Law, a process that is becoming increasingly popular for divorcing spouses across the country. Many divorce lawyers are well aware of this alternative dispute resolution (ADR) process, and they understand its benefits. What kinds of changes can Mississippi divorce lawyers expect with this new change? How will it affect the financial aspects of divorce, such as property division and alimony?
The History of Collaborative Law
Collaborative law is a relatively new innovation in the world of divorce, and like many inventions, it was born in the United States. Family law attorney Stuart Webb famously created it in the early 90s after becoming disillusioned with traditional litigation. This Minnesota lawyer knew there was a better way – and so he simply created a new process. Over the decades, this system has become popular in many states – including 20 jurisdictions that follow the “Uniform Collaborative Law.” Mississippi is now the 21st state to adopt this doctrine.
It should be noted that divorce mediation was created much earlier – during the 70s. So why did Mr. Webb create a new ADR process when mediation already existed? In a letter he penned to a Minnesota judge, Webb explained that mediation’s weakness was that it “leaves out input by the lawyer at the early stages.”
The fact that both spouses are allowed to bring their own lawyers to the negotiation table makes collaborative law markedly different compared to mediation. When mediators run discussions, spouses often feel like they need someone “fighting in their corner.” The role of a mediator is a lonely one, and it may be difficult for them to remain truly unbiased. With input from both sets of lawyers, spouses may feel more comfortable during negotiations.
Webb stated that this input does not need to be adversarial and should instead be a “reasoned” and “analytical” approach to positive settlements. He also pointed out that during litigation, he experienced a few rare cases with “a climate of positive energy.” In this climate, it was easy to come up with creative alternatives.
In his letter, Webb accepted that these “climates of positive energy” during litigation often occurred purely by accident. He then asked a simple question: Why not try to create these situations intentionally? This is how collaborative law was born.
Mississippi Bar President Promises Collaborative Law Will “Save Time and Money”
When speaking about the Magnolia State’s recent adoption of Uniform Collaborative Law, Mississippi Bar President Jennifer Johnson stated:
“It saves time. It saves money. It certainly saves a lot of heartache and grief, and so it’s an opportunity for there to be a more amicable resolution to all of the issues.”
Lawyers in Mississippi are also voicing their support for the move. One stated that, at the very least, this move will clear up some of the backlog in the family courts. He also noted that litigation is geared towards settlements anyway – and that most cases “stay on the courthouse steps.”
At the end of the day, collaborative law gives spouses more options. The statistics paint an optimistic picture for Mississippi – one without as much litigation and legal fees for average residents.
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