|
|
The Collaborative Law divorce involves an
interdisciplinary team assembled to meet each family’s
needs during the divorce process. In recognition that
divorce is not simply a legal event, but in fact is a
complex restructuring of life’s most important
relationships, the Collaborative Law process is designed to
provide the professional support necessary for divorcing
individuals themselves to be able to make decisions for the
family, rather than having important choices dictated to
them by the court through the adversarial legal process.
The team is made up of two
collaborative law trained attorneys, one for each party, and
two collaborative law-trained, divorce coaches. When needed,
a financial consultant, a child specialist, a mediator, or a
collaborative case manager will be included. The goal of all
of the professionals is to support, inform, educate and
empower the divorcing couple to make their own decisions
through the collaborative process. The process is
designed to have the right services provided at the
right time by the right professional.
The parties do not spend as much time with their attorneys
as they would in a more traditional, court-based divorce.
The collaborative divorce coaches insure that the parties
understand their part in the process, and provide the
emotional support and communication skills needed to
work together in spite of the divorce. Most significantly,
they charge less per hour than an attorney, so overall costs
can be reduced. The coaches help defuse the emotional “heat”
and help the entire family make the necessary adjustment
from one tense home to two relatively balanced and
harmonious homes.
The parties participate in preparation for the settlement
discussion stage of the process by gathering and digesting
information about their own affairs, as well as the options
for settlement and the consequences of those options.
This process takes place with the guidance and support of
the professionals who understand that negotiation without
full information invites mistrust and misunderstanding. Once
the couple feels fully ready to discuss settlement, the
process is straightforward and thorough. A proposal is made,
and the parties, again with the full assistance of the
professionals, analyze it fully. Changes are made to the
proposal, or a counter proposal is made, and again there is
full analysis. This process continues until there is
convergence on a settlement that works for everyone. This
negotiation process enables the parties to objectively
consider solutions to the problems of divorce, in spite of
fears and hurt feelings.
|
|
