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Opportunity for Better OutcomePart 1:  What is Collaborative Divorce? Collaborative Divorce has spread rapidly throughout the world during the past two decades and has helped thousands of families achieve better outcomes. This series of blogs will focus on how people facing divorce can achieve better outcomes through a Collaborative Divorce. This first blog starts by providing this simple definition of Collaborative Divorce: A divorce in which the husband and the wife each retain a lawyer for settlement purposes only. That’s it. While Collaborative Divorce has many other elements, this one feature defines the process. As simple as this seems on the surface, it is easy to get confused about what Collaborative Divorce means for two reasons: First, because the word “collaborative” is an adjective, (essentially meaning “working together”), that has been around for centuries, the word collaborative, (without a capital c), could be used to describe many divorces where people work together. However, in legal terminology, the phrase Collaborative Divorce (capital C), has come to define a specific divorce process in which the attorneys are retained for settlement purposes only. In a Collaborative Divorce, unlike a traditional negotiation, the lawyers must withdraw if the divorce cannot be resolved out of court. Second, while using lawyers for settlement purposes only is the one defining feature, Collaborative Divorce often has many other elements that add greatly to the success of Collaborative cases. For example, Collaborative Divorce is often a team process in which the clients work with financial neutrals and mental health professionals in addition to attorneys. In addition, Collaborative Divorces generally use a very different method of negotiation called “interest-based negotiations.” These features allow people to get better outcomes in their divorce but are not part of the definition of Collaborative Divorce. Some Collaborative Divorces do not include all of these features. The basic defining characteristic of Collaborative Divorce, (the fact that the lawyers must withdraw if the matter goes to court), was introduced by Stu Webb, a Minnesota attorney in 1990. Stu’s simple but profound idea was that committing to settlement only would open the door to a new way of doing things that would help families get better outcomes. Indeed that is exactly what has happened. Great innovations like working with full interdisciplinary teams and using interest based bargaining are two of the common feature of Collaborative Divorce that have evolved as part of the Collaborative Divorce process as a result of this great commitment. Understanding that Collaborative lawyers are hired for settlement purpose only is the first step in truly understanding Collaborative Divorce.  The next step is to understand why that commitment is so essential to the success of Collaborative Divorce.  Understanding the strength and value of the Collaborative Commitment is covered in the next blog in this series.  For immediate information on these and other questions about Collaborative Divorce, go to www.collaborativelaw.org  or www.divorcechoice.com. Read Part 2 of this series
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Parent and ChildOne of my favorite people, and among the wisest of my friends, is my hair stylist, Gina. I always look forward to any time we have to chat while my newly foiled tresses take their color. Recently, we had such an opportunity. We were talking about my work as a Collaborative neutral child specialist, hearing the voices of children whose parents are getting unmarried or separated. Gina shared a story I hadn’t heard, and graciously consented to let me blog about it. Gina’s parents, like many other couples, went through some very rough patches in their marriage. Because they eventually committed to changing destructive patterns, and worked hard using appropriate community resources, they were able to turn things around in a healthy direction. But not while Gina was a child, after she was nearly grown. Gina told me that as the youngest child, she had grown up hearing her parents say they would not separate or get a divorce until she had graduated from high school. They may have believed this decision was in her best interests. But to Gina, this decision “on her behalf” made her feel responsible for the conflict and pain that existed in the home. She couldn’t change things on her own, and felt trapped. She believes that behavior patterns she was forced to normalize by growing up in an abusive family environment impacted her deeply, both as a child and an adult. She has worked very hard to establish healthy patterns for herself, has generously given back to the community, and devotedly raised a fine son. But because early social learning is so powerful in shaping us,  she knows she must always be mindful about her adult relationships. Just staying together when high conflict persists is not a protective factor for children. It is the high conflict itself that inflicts traumatic wounds. Children’s psyches absorb toxic emotional environments just as their bodies absorb lead, and with the same destructive consequences. The decision to separate or divorce should not be made lightly, especially when there are children involved. However, the important question must always be, what needs to be done to keep children out of harm’s way? For many struggling families, Collaborative Team Practice offers a way to end a high conflict marriage or partnership and begin a healthier pattern of co-parenting after separation or divorce. Children in high conflict families with whom I have met during their parents’ divorce have expressed relief to go home after school to homes that are not filled with stress, anger and anxiety. Please go to www.collaborativelaw.org for more information.
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Cable car let go I just saw the pulse-pounding film Gravity, about American astronauts who are stranded in space following an unexpected catastrophe. This is not a spoiler alert—anyone who has seen a trailer for the movie knows this is going to happen. Without giving anything else away, I want to talk about a theme that runs through this film: when there are no guarantees of safety, but holding on is not an option, how do you find the courage to let go? If you are facing divorce, this is a question you may feel forced to answer against your will. For many people, divorce is an unexpected, disorienting catastrophe for which they are not prepared. In an instant, the world is spinning out of control. It can feel as if you are staring into the void, rudderless and without an anchor. There is no longer safety in trying to hold onto the past, but what lies ahead feels absolutely uncertain. “I have to let go, but how will I survive?” is a very real question. “You will make it!” is the answer. And despite how lonely you might feel, you are not alone. There are sources of support that you have never known about, because until now you haven’t had to find them. It is possible to find handholds, but you do need to make some leaps of faith, while acknowledging the reality that there are no absolute guarantees in life. One source of support is Collaborative Team Practice, an out-of-court divorce option that you may never have heard of before. A Collaborative Team provides calm, experienced and supportive assistance through the crisis, and helps families transform the chaos and anxiety that can accompany a divorce into a safer and clearer road map for the future. If this sounds like the kind of handhold you have been searching for as you need to let go, please visit our website at www.collaborative law.org. Any of our multidisciplinary team professionals–attorneys, financial neutrals, neutral coaches and neutral child specialists–can provide a free initial consultation to explain the process and inform you of your options. We are here for you, and know that you can find us.
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SOS Unmarried and have children? You may be interested to know that “Collaborative Divorce” is not just for divorce. Learn how the collaborative process can help you. First, it may be relieving to know that you are not alone. There are some interesting recent statistics related to marriage and children. Nearly half of children in America are born outside of marriage. And, for women under 30, most children are born outside of marriage. Whether you are married or not, if you separate from the other parent, you’ll need to figure out custody, parenting time and financial support issues related to your children. These are legal issues that should be finalized in a court order, either by agreement reached in the collaborative process or mediation, or by a court decision after a trial. There is a great online resource related to unmarried parents (useful to both unmarried mothers and unmarried fathers), available here for free from Legal Services State Support. The collaborative process is designed to increase communication and trust while helping you resolve these issues. You might be interested to know that this website, collaborativedivorceoptions.com, is part of the Collaborative Law Institute of Minnesota and the articles are written by it’s members. Keep in mind that divorce is only one type of legal issue where the collaborative process is used. Why do I point this out? Because it’s important to know that Collaborative Law is not just for divorce. If you aren’t married but you have children, it’s important to know that you can still participate in a collaborative process rather than taking your case to court. The same collaborative principles apply whether you are married or not. In the collaborative process, you each hire attorneys trained in the collaborative process and you all sign an agreement not to go to court. Then you have a series of joint meetings where you all meet together, many times with other neutral professionals such as a coach, child specialist or financial specialist. In the end, you just file your agreement with the court rather than having a trial or other court hearings. That’s it. You never have to set foot in a courtroom and the process is structured and respectful.
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Harry PotterWorking with children, I became a Harry Potter fan out of both necessity and real appreciation.   J.K. Rowlings’ world of wizards and magic is a fantasy, but the themes of these books are human and real. Among the most frightening characters in Rowlings’ epic struggles of power and control, good vs. evil, are the Death Eaters and the Dementors.

The Death Eaters are those in the wizard world who have made a pledge to support Lord Voldemort, whose vision of total domination rather than peaceful co-existence has been distorted by his hate and rage, and obsession with destroying Harry Potter.  The Dementors are the terrifying, soul-sucking wraiths who feed on fear. What a relief that Death Eaters and Dementors aren’t real and aren’t about us! But Rowlings has created a thought-provoking twist.

By the last book, Harry Potter has discovered that he and Lord Voldemort have much in common. Harry alone must determine whether he is capable of making the necessary sacrifice for the greater good of those who depend on him to be their champion. Harry must defeat the Death Eaters and Dementors by conquering his own fear and rage with selfless love. Harry is not perfect, he has made many mistakes and hurt the ones he cares about, but he has this gift within him waiting to be discovered at the time of ultimate crisis.

What I find compelling about the Harry Potter books is the mirror they hold to our world. In our humanity, we all find ourselves having to figure out how to resolve inevitable conflicts and manage strong negative emotions. Parents and children facing divorce are certainly living through an emotional crisis. The question is, do we let rage and fear drive and perhaps distort our actions, or do we seek another way, one that may ask us to sacrifice power and control for the greater good of those who depend on us to be their champions–our children.

Collaborative Team Practice is an alternative dispute resolution process using interest-based negotiation and problem solving to reach agreements and sustainable resolutions. On the team, allied and neutral professionals provide support and guidance to manage strong negative emotions, suggest creative and equitable financial resolutions, and negotiate safe, developmentally responsive parenting plans. It can be a highly effective way to help families transition respectfully during the crisis of a divorce.

We know Collaborative Team Practice may not be the right choice for all families.  However, it is a process that will work for many families. Our belief is that reaching agreements rather than perpetuating conflict is truly the way to be champions for children in the age of Death Eaters and Dementors.

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Several times a year, I have the opportunity to present a workshop on child-centered divorce, parenting plans and co-parenting to Daisy Camp. Daisy Camp is the brainchild of Jennifer Morris, a realtor who has realized her vision of providing women with important resources and support during and after a divorce. Jennifer assembles volunteer speakers, many of whom are Collaborative Team Practice professionals, to share information and facilitate discussion on a range of divorce-related topics. Daisy Camp is an amazing Minnesota resource.

At the most recent Daisy Camp, I was pleasantly surprised when a former Collaborative client joined the group right before my presentation. I had provided neutral child specialist services for her family a year ago, meeting with her children to understand their perspectives on how family could work best for them during and after their parents’ divorce, and assisting parents in the creation of their developmentally responsive parenting plan. My client told the group she was there for a refresher on child-centered co-parenting, especially with an ex she often found frustrating to work with. Other women in the group shared stories and concerns about the challenge of keeping children at the center and out of the middle. We discussed the impact of divorce on kids, and the importance of keeping a crisis from becoming a trauma for children. Our discussion was thought-provoking and emotionally powerful. At the end of the workshop, my former client revealed how difficult it had been during her divorce process to internalize messages about keeping children at the center and out of the middle, not blaming the other parent, and preserving her kids’ relationships with someone by whom she felt so betrayed. She has remained on a co-parenting high road on behalf of her children, even when she felt she was doing this unilaterally, and is more convinced than ever that this has been of benefit to her children and is the right thing to do. This personal revelation was a gift to the group. Her final gift to the group was a heartfelt message of hope. She said while she was in the midst of a highly stressful divorce, she couldn’t have imagined how much healing could happen in a year. Her parting words, “Believe me, it gets better!” rang strong and true, both for her, and equally importantly, for her beloved children.
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CounselingAs a Collaborative Divorce Attorney, I have seen many clients who are ambivalent about getting a divorce. How do I know they are ambivalent? Because, in addition to the story they tell me, I ask potential clients to take the following survey: Even though divorce is a legal process, your emotions and your perspective on divorce, and those of your spouse, are very important and cannot be separated from the legal process. To assist me in beginning to understand your views about proceeding with divorce, please answer the following questions. 1.  People have different attitudes towards their divorce. Please check which of these statements most closely fits your own attitude right now.

(   )       I’m done with this marriage; it’s too late now even if my spouse were                            to make major changes.

(   )       I have mixed feelings about the divorce; sometimes I think it’s a good                          idea and sometimes I’m not sure. (   )       I would consider reconciling if my spouse got serious about making                               major changes. (   )       I don’t want this divorce, and I would work hard to get us back together. 2.  Readiness for Divorce People come to the divorce process with different degrees of readiness to divorce. Some may not want the divorce and are not emotionally prepared to participate in the process, while others have been ready for some time and feel impatient to get things moving. And there is a wide range of feelings in between. Please rate yourself on the scale below by circling the number that best describes your readiness for divorce today.   0        1         2         3         4        5        6        7        8         9         10 _________________________________________________________ I’m absolutely not                                                          I’m ready to move                           ready for this divorce                                                    forward immediately This survey was created by a group of collaborative divorce attorneys working with Dr. William Doherty of the University of Minnesota. After giving this survey to people whose divorces had already been filed in court (Hennepin County, Minnesota), it was determined that in 12.6% of the filed divorce cases both spouses in the marriage were not sure they wanted the divorce! This led to the recognition that there was a failure to provide services to this group of people. That has now been corrected. Couples who are ambivalent about divorce can now gain clarity about whether to move forward with a divorce or to move forward with a plan to restore the marriage to health. This clarity is achieved through specialized counseling called Discernment Counseling. Discernment Counseling is a focused, short-term process involving no more than 4 to 6 sessions. A Discernment Counselor helps the couple…
  1. gain clarity and confidence about what steps to take next with their marriage;
  2. understand what has happened to their marriage;
  3. look at problems from the perspective of each spouse;
  4. determine whether past counseling has been helpful or not so helpful;
  5. evaluate the possibility of solving their problems and restoring their marriage to health; and
  6. make a joint decision about whether or not to move towards divorce.
The clients I see who are ambivalent about divorce are greatly relieved to know this service exists. It provides them with a structured process where both parties can join in the decision of what to do about the marriage. If the couple decides to try to restore the marriage to health, they move to specialized counseling to create a plan for that to happen. If the couple decides to end the marriage, they are in a much better place to undertake a constructive and peaceful divorce. For more information about Discernment Counseling and to find a Discernment Counselor please go to www.collaborativelaw.org and www.mncouplesonthebrink.org.
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Trust The “Rule of Relationship” is one of the most powerful forces in our lives. Often we are not even aware of its existence. In a divorce, it can be more powerful than the rule of law. Here is how it works. Let’s assume you and your spouse are separated but you do not have any legal document regulating your separation or parenting. You have informally agreed to share weekends with the children and you pick the children up from your spouse’s home of Friday, promising to return them by 6:00 p.m. on Sunday. What if you decide not to return the children at that time? You will not have broken any law since there is no divorce or court order. Yet the consequences of your decision may be even more severe than any punishment a court could order as you have violated the “Rule of Relationship.” You may have damaged trust in a manner that could be very difficult to repair. Maintaining some level of trust is crucial in almost all situations. It is tempting to think that, in a divorce, there is no trust. Indeed, your spouse may even have been unfaithful causing you to believe that all trust is lost. But, in reality, there is almost always some degree of trust that exists in any relationship. If you literally had no trust at all, you would not ever allow your spouse to even be in the presence of your children, since you need to trust them to provide for their well being and safety, for at least some portion of their week. Despite the broken promises that can give rise to a divorce, most people are able to find a way to retain some basic level of trust, out of necessity and concern for their children. Trust is generally regulated by the “Rule of Relationship” and not by laws. Trust can only be created or lost through behavior. When it comes to regulating day to day behavior no court or government, no matter how well intended, can intervene on a daily basis to address these difficult situations. Parents are often left with their own laws, the Rule of Relationship,” to help them parent their children and regulate their lives. That is one of the reasons more and more parents are choosing out of court solutions, such as Collaborative Practice, to help them resolve their issues out of court. Working parenting issues out of court, where the laws of relationship and responsibility can help rebuild trust, can help your parenting plan go more smoothly and gives your children a true role model for developing trust in their lives.
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1979 CONCORD JAZZ FESTIVAL. Don Menza with The Louie Bellson Orchestra. by Gabriel Patrick NavarroStu Webb, who thought about collaborative divorce first in the early 1990’s, and is considered the founder of collaborative law, loves jazz. So do I. I listened to my 9th year of fabulous jazz music at the Detroit International Jazz Festival over Labor Day weekend, and also listen to jazz at the Dakota Jazz Club in Minneapolis. I have also been healed by a medical team at the Mayo Clinic in the 1980’s. I see a link between these practices –it’s collaboration. What makes collaborative team divorce like jazz and team medical practice? 1) Specialized trained professionals who bring unique skills to the team. In collaborative practice, the mental health professionals, financial professionals, and attorneys all have received unique training and experience. Jazz musicians–singers, sax players, trumpeters, drummers and others have all been trained in their own instruments. In the medical model, doctors specialize in different areas, nurses, and technicians have unique expertise. 2) The added value of collaboration by a team. Their unique skills and voices coming together give an added value, advice and music that could not happen without all of them together. For me, the Mayo medical model diagnosed a problem that required a detailed history of my several generation’s family medical history, plus specialists’ expertise and brainstorming together. Also, creative experiment with my diet (this was the 1980’s when diet and nutrition were not generally regarded as a mainstream medical approach). 3) Improvisation and creativity. Jazz musicians improvise, connect and play off each other in ways that could not happen with orchestrated works or solo compositions. Collaborative practitioners improvise based upon the immediate needs and realities of the families and children, and listen to the other professionals, connect with them, and create new options for the family. Medical teams creatively experiment, in my case with my diet, and find new solutions to medical issues. This is the power and music of collaborative practice.
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Dog, Jack
Jack
It turns out that dogs are great teachers about relationships. My dog recently taught me that I cannot get him (or anyone else) to do something simply by being right. Being right will not get you what you want in a relationship, and may even drive a deeper wedge between you and what you want. Our family recently adopted Jack from the Humane Society in St. Paul. Jack is a sweet, somewhat shy, dog who started his journey in Alabama. I think about Jack spending time in a shelter in Alabama and then riding in a kennel for the long drive to Minnesota–multiple kennels, surrounded by unknown dogs, poked and examined by well-meaning vets and volunteers and then coming to a new house with new people. So Jack was living a high stress life for at least the two weeks before he came into our lives. One night during his first week with us, I took him outside to pee before bed. Jack had been outside several times that day, but he hadn’t peed. I needed him to pee so we could sleep through the night. Jack was skittish, and easily distracted. Just as I thought he was going to go, a dog in a neighboring house started barking and Jack moved out of position.  He pulled on the leash and wanted to go back inside. I knew the right thing for Jack. He would feel much more comfortable all night if he just peed. I bet 10 out of 10 people on the street would agree with me. After 12+ hours, peeing is a good idea. I was tired, and I was worried about him. I became impatient. My voice took on an edge as I got more and more frustrated that he would not do what I was asking. I was right, after all. But it didn’t matter to Jack. My frustration, impatience and insistence only made him more stressed. And less likely to pee. What Jack needed was a way to reduce his stress. Staking out the factually correct position and insisting did not help Jack reduce his stress. This is true for anyone in a relationship. Couples going through a divorce sometimes get hung up on being “right,” but that’s not going to lead to an agreement if the other person is stressed out.  Sometimes you have to back off and let the other person relax and reach their own conclusion. We work very hard to minimize stress for everyone in the collaborative divorce process.  It helps people reach durable agreements. Jack never peed that night. The next morning, we were both refreshed, the sun was shining and I sat back and let Jack take his time. He peed, and we were both happy.