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Collaborative Practice

Like Mediation, Collaborative Practice is another process which developed because of the damage done to families in litigation, and also because Mediation cannot adequately support some people in negotiating their agreements.  Like divorce Mediation, Collaborative Practice is used by individuals who want their marital dissolution issues to be solved, rather than battled over, and relies heavily on the experience and talent of a Collaborative team of professionals to increase settlement possibilities, and maintain a progressive and fair negotiating environment.  Some examples of people for whom Collaborative Practice is the right process are those who have complex property or business interests they don't understand (for example, the stay-at-home spouse of a business owner or professional), or those who may not be comfortable negotiating without the presence and support of an attorney (perhaps because one spouse has traditionally been more dominant our controlling in family decision making), or those who face difficult parenting custody and visitation issues.

Collaborative Practice is a unique and special process.  One of its hallmarks is that each party has an attorney, and the parties and attorneys all sign a contract that completely blocks either attorney from going to court and litigating the issues.  Ever.  If the collaborative process breaks down, and a party has to go to court, both attorneys become forever disqualified from aiding the parties in the litigation, or their subsequent attorneys, in any way.  This effectively prevents either side from posturing, or demanding that the other side comply with a demand, or face "immediate court action".  This keeps the focus for both parties, and both attorneys, on problem solving.

Another hallmark of Collaborative Practice is the use of non-attorney professionals, who work with the parties and their attorneys to create a team that supports each party throughout the process.  The team is comprised of experienced family law professionals who each bring unique talents to the table, with the goal of ensuring fair, open, and honest negotiations between the parties.  There are generally three types of professionals that are used:

• Divorce coaches are licensed therapists and counselors, who aid the parties in getting past the emotional barriers to an agreement, and who help each party develop a long term, rather than short term, outlook on the negotiations.  When they have children, a primary goal of divorce coaching is to help develop a co-parenting relationship between the parties.
• Child specialists are also licensed therapists and counselors, who are used to assess the emotional and psychological needs of the children, and to be their voice in negotiations for, and development of, parenting plans.
• Financial specialists are used to assess the family financial estate, develop financial plans for each party, and to help maximize financial results for both parties.  They are particularly useful in taking into account the ever-present tax issues.

While the prospect of using a group of professionals sounds cumbersome and expensive, the reality is that a Collaborative Practice team can be cost effective, and much less expensive than using litigators.  Team members are efficient at handling specific tasks and problems that arise within their respective areas of expertise, and all team members constantly work to ensure that the process stays fair and respectful.  Most importantly, the team aids the parties so that they have a real opportunity to limit the harm, especially to their children, that would have occurred had they gone to Court for a resolution of their problems.

If you want to know whether Collaborative Practice is the appropriate process for you, call us and ask.