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>> Family Law and Divorce Options
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Collaborative Divorce|
Collaborative Divorce provides an experience where clients control the
outcome of their divorce in a supported process where both clients have their
own specially-trained lawyers. The clients' highest goals and interests are in the
forefront of consideration and guide the client-created outcome. In other words, divorcing and separating
couples arrive at their own resolutions based on the factors that are most important to
themselves, usually with substantially lower attorney's fees than adversarial
processes. It is a process that preserves (and even sometimes enhances)
relationships with former spouses/partners, increasing the likelihood of better co-parenting.
Collaborative divorce is effective and provides a good value to clients by
ensuring that their decisions are carefully thought through and in alignment
with their goals. It is a process that respects the financial, legal, and
emotional parts of a divorce or separation. Collaborative divorce is cost-effective because parties receive the support and learn the
information necessary to resolve significant disputes without incurring the
higher expense (both to pocket books and relationships) of adversarial methods. To ensure that the attorneys are fully and solely aligned with the clients' goals of seeking resolution, Collaborative Divorce attorneys are disqualified from representing their clients in court in any adversarial process. As a consequence, the attorneys can only advocate for a settlement that is in alignment with client goals. Many Collaborative Divorce attorneys learn additional negotiation and settlement skills that truly make them "settlement specialists." The disadvantage is that in the unlikely event the Collaborative Divorce process terminates, then the clients need to retain new attorneys. The measure of success in Collaborative divorce cases is achieving a resolution that is as durable as the circumstances will allow. Achieving a durable resolution instead of a temporary cease-fire requires that both parties not only accept the settlement when it is made, but also continue to accept it thereafter. Achieving that decree of durability requires a different way of negotiating, and a Collaborative divorce attorney needs substantial additional training and experience. A durable resolution is in everyone's best interest because it reduces the likelihood for the need for future legal services and leaves both parties better equipped for their futures, including a better ability to co-parent children. Doing so requires negotiations with a high degree of integrity and in good faith, with full disclosure of all information, and complete consideration of all concerns. Resolving disputes means that disputes need to be identified and discussed from a place where the discussion can be productive. Properly practiced, Collaborative Law does not sidestep known issues or disputes. When issues and disputes are not addressed, they also are generally not resolved. A key skill of Collaborative Law practitioners is to help parties discover their highest interests, priorities and goals, and to use those interests, priorities, and goals as a guiding light towards resolution. Those interests, priorities, and goals are discussed in a safe and respectful environment with full transparency of the facts. To arrive at a truly durable and long-term solution, everyone's ’ priorities and goals need to be openly yet safely be considered and discussed. Therefore, a Collaborative divorce lawyer will not make arguments for you in the traditional manner, but will instead advocate for you differently. The lawyers help guide the parties to a mutually satisfying outcome; instead of attempting to make arguments to “win” at the expense of one party, the lawyer helps ensure that both parties’ needs are truly met so that the agreement can be durable. Collaborative Divorce cases involve a series of face-to-face meetings that are facilitated by the attorneys. The initial steps involve starting the process, identifying each person's interests and goals, exchanging necessary information, and learning about each individual's and children's future needs and concerns. After receiving appropriate legal, tax, and other information necessary to make fully informed decisions, the parties brainstorm options and co-create their resolution. Attorneys seeking to practice Collaborative Law therefore need to learn the necessary protocols and skills so they can effectively participate in the Collaborative Law process, and productively facilitate difficult conversations. The required skills are in addition to solid skills and knowledge of substantive and procedural law; similarly, the skills do not replace skills and knowledge of substantive and procedural law. Both are required for competence. To work effectively in this model, lawyers need to learn how to productively confront rather than avoid conflict, and need to learn how to deploy interventions that allow the parties to productively discuss the issues that cause conflict. In order to provide a fully supported environment that is conducive to productive discussions, a Collaborative Divorce team is typically recommended. The team usually consists of a financial specialist, one or two divorce/communications coach(es), and a child specialist (when children are involved). The purpose of the team is to provide the highest level of service in the most cost-effective manner. The professional with the most applicable area of expertise provides services within that professional's expertise. In addition to significant substantive background in their areas, team members also need to be trained in Collaborative Divorce and mediation. The financial specialist compiles and analyzes financial information, and helps educate the clients and attorneys about the unique financial circumstances of the case. The financial specialist assists in preparing budgets, and sometimes projections, to ensure that present and future financial needs can be considered, and helps identify tax considerations to allow careful planning. The financial specialist helps avoid unnecessary differences that can result when two attorneys, who are likely far less skilled in financial matters than a specialist, separately do the same work. In a Collaborative Divorce, the attorneys review the source documents and the work of the financial specialist to flag for legal issues, while leaving the heavy lifting to the professional best equipped for that part. The divorce/communications coach assists parties with communications to ensure that their face-to-face joint sessions are as productive as possible. The coach also helps the rest of the team identify communication patterns, to allow for more effective interventions to keep the process as productive as possible. Coaching is time-limited (usually 3-5 sessions), and focused solely on helping the legal process. Because coaching is not confidential as to the legal team, is inherently inconsistent with therapy, and to ensure the continued availability for coaching in the future, a coach cannot also act as a therapist on a case. The child specialist educates parents about child development and arrangements that work best for children in divorce. If appropriate, the child specialist will interview the children to bring the "voice" of the child to the parenting plan discussion. The final parenting plan is created by the parents with the support of the child specialist and the attorneys, to ensure that it is optimal for the children and parents. Collaborative Divorce proceedings are confidential, to ensure that all options can be considered and discussed. If you are interested in learning more about the Collaborative Divorce process, contact the Law Office of J. Mark Weiss, P.S., or review any of these websites: International Academy of Collaborative Professionals For a video clip from NBC's The Today Show on Collaborative Divorce, discussing it from the clients' and attorneys' perspectives, click here: 'The Today Show' clip on Collaborative Divorce
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