Reasons to Use the Collaborative Process – Privacy

Posted on June 27, 2012 by Daniel Margolin

Going through the divorce process through the traditional litigated model opens up a person’s most private financial and social secrets to the public record. Even though legal files are not yet fully available on the internet, anyone can go to the courthouse and review your divorce file. For people who value privacy, the collaborative divorce process delivers.  This is one of the major reasons that celebrities and high net worth individuals have been utilizing the collaborative divorce process.

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Is A Collaborative Divorce Faster Than A Regular Divorce?

Posted on February 22, 2012 by Sean Stephens

As a Portland Oregon divorce lawyer trained in both collaborative divorce and litigation, I hear a lot of process questions about which dispute resolution method is faster. The speed at which you can get through either process is fact dependent, however, with willing and motivated parties, collaborative divorce can be faster and more efficient. With collaborative divorce, you avoid being subject to the court’s schedule and potential multiple court dates, and can instead set your own schedule for how fast the case goes. The caveat is that the collaborative model is built on cooperation and consensus, and if there is no agreement, the process can stall out.

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How Is Collaborative Divorce Different Than Mediation?

Posted on February 9, 2012 by Sean Stephens

In my 17 years of practice I have helped many clients with their Oregon divorces. One of the best developments I have seen is the growth of collaborative divorce, and the increased use of mediation to resolve disputes.  I have come to view my practice as  dispute resolution, with trial work and litigation as only one tool I have to help clients resolve divorce disputes. In talking to clients about the benefits of different dispute resolution models, prior to helping a client understand all of their options, a common question I hear is “Why not just mediate vs. go through the collaborative process? Aren’t they the same?”

In mediation, the parties use a neutral third party to aid in negotiation and help settle the case. The mediator may mediate face to face, or mediate with parties in different rooms and shuttle back and forth. Lawyers may, or may not participate, depending on the client’s wishes. When there is an agreement, the mediator prepares a draft of the settlement terms.  The mediator will try to find common ground, but cannot give either party legal advice. While some parties choose to mediate prior to filing for divorce, mediation frequently happens during the divorce process, and with the negatives that come from negotiating with a trial date looming.

In a Collaborative divorce, both lawyers are present during negotiation to keep everyone focused ont the end goal, a settlement.  Central to Collaborative divorce is the participation agreement, a contract signed by the parties and lawyers that neither client will file for divorce and litigate without formally backing out of the collaborative process.  Your lawyer needs to be trained in collaborative process, and your lawyer will work with you one on one to ensure the process is on track and positive.  On reaching an agreement, the lawyers draft an agreement and the final paperwork.

Both processes require trust,  a free sharing of information, and a commitment to respect the parties and their goals. A strength and weakness of collaborative divorce is that if the process fails, you need to retain new counsel because of the participation agreement.  A failed collaborative case can cause substantial  additional  legal expense and frustration. In mediation, if mediation fails, you can proceed with your mediation lawyer on to a traditional case.

When asking your lawyer questions about divorce, I recommend talking to a firm that has experience and training in collaborative law and mediation, and not just litigation. This level of experience will help you make a well reasoned process choice for your divorce.

Posted in Alternative Dispute Resolution, Collaborative Divorce, Collaborative Law, Mediation | 1 Comment

How Collaborative Family Law Reduces The Hostility Of Divorce

Posted on November 29, 2011 by Sean Stephens

We see Oregonians seeking divorce turn to collaborative divorce for a variety of reasons. For some, they choose the collaborative approach because they want to maintain control of the divorce process instead of leaving the decisions up to a judge. Others simply wish to avoid the adversarial divorce they saw their parents have. Conventional divorces can often be emotionally draining and difficult, especially for any children involved. Collaborative divorce seeks to avoid the hostility of conventional divorce by giving equal consideration to the needs of both spouses. It also keeps the needs of the children at the forefront of the divorce process. Collaborative divorce attorneys negotiate for the best outcome while remaining respectful and cooperative. The parties focus on openly communicating and sharing information. The collaborative process focuses on amicably reaching a settlement while avoiding litigation. In short, people who choose collaborative divorce strive for a win-win situation instead of struggling for a win-lose situation. Collaborative family law is an attractive choice for those who want a more positive outcome after a divorce.

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The Role of the Coach and Career Counselor in Collaborative Divorce

Posted on August 24, 2011 by GailNicholson

Considering a collaborative divorce and curious about the role of the divorce coach? And how exactly can a career counselor help?

Coaches have mental health backgrounds. They are counselors, social workers and psychologists trained in the collaborative divorce process. Initially your coach will meet with you one on one to help you define goals for the collaborative process. They are interested in understanding your special needs and any issue that could create a logjam at the legal level. They help keep you on track with the collaborative divorce process and coordinate with your attorney and the rest of the team.

Your coach creates a safe place to sort through feelings you have about your divorce and provides supportive counseling. They work with you to identify ways to improve communication with your spouse, solve problems, articulate your needs and wants and resolve conflicts. In short, they help you achieve the goals you define for your divorce process and on-going relationships with your children and former spouse.

In addition, some coaches offer help with reentering or enhancing involvement with the workplace. Career counseling can provide the team with information regarding career plan timing, vocational activities and potential earnings. This can help facilitate the couple’s financial, custody and support decisions.

With the vocational counselor’s guidance, clients become more aware of interests and values that support an emerging and stronger sense of self. The experience of self-exploration, decision-making, follow through and success all confirm that you have the power to reshape your life after the major disruption and loss of divorce. The process can help you take charge of your life and empower you to reach decisions about a future that is yours alone.

Source Reviewed: Collaborative Review, Spring 2008/ Vocational Counseling Helps Clients with Work, Collaborative Process and Life by Betty Kohlenberg, MS, CRC, D/ABVE

By Gail Jean Nicholson, MA, LPC

 

 

Posted in Collaborative Divorce, Collaborative Law, Special Guest Post | 1 Comment