collaborative team process Archives | Page 3 of 3

October 28, 2013

Part 6: Selecting the right team for your family may be essential to the success of your Collaborative Divorce. Collaborative Divorce is often a team process, in which you work with mental health professionals and financial neutrals, as well as with attorneys, to help you achieve the best outcome for your family. One of the keys to your success is selecting a team that can best meet the unique needs of your family. Some divorcing couples and professionals prefer the standardized process in which the full team is assembled at the beginning of the case. In Minnesota, a full team generally consists of two attorneys, (one for each party); a child specialist (if there are minor children); a financial neutral and a divorce coach. The advantage of assembling a full team (often described as the “Cadillac” of the Collaborative Divorce Process) at the very beginning is that you know that you have all of the necessary professionals on board, so that all of your family needs can be immediately addressed. While you may be concerned about keeping your professional costs down, the full team process, if used efficiently, will not necessarily be more expensive. Working with the right professionals at the right time may actually reduce the conflict and, therefore, your overall costs. Perhaps more importantly, even if it does cost you a little more, getting a better outcome for your family may have incalculable benefits and may save you financial and emotional costs down the road. Other families and professionals prefer what I will call the “customized team” model. In this model you and your spouse work together to decide exactly which team members you need to help address the unique needs of your family. This option allows you to put your dollars where they are most needed. For example, if you believe that you and your spouse need the most help in creating a parenting plan, you may wish to spend more of your money working with a child specialist. Similarly, if your difficulties lie primarily with finances or communication, you may wish to spend more time with a financial neutral or a divorce coach. To learn more about the role of each professional and to get assistance in selecting the right team of professionals for your family, go to www.collaborativelaw.org or www.ousky.com .

October 25, 2013

Part 5: Working with a team of professionals in Collaborative Divorce creates better outcomes. A Collaborative Divorce is one in which the husband and the wife each retain a lawyer for settlement purposes only. In addition, in a Collaborative Divorce, the other professionals on the team, must commit to work or settlement purposes as well. Divorce marks the end of a martial relationship and the beginning of a new life. While divorce is a legal proceeding, future success for your family may have more to do with parenting, financial planning and communication than with legal issues. While lawyers can be helpful on these additional issues, your family can generally get better assistance, at a lower cost, by turning to professionals with more skills in these other areas. If your primary concern is how to co-parent your children in divorce, you are far more likely to gain valuable insights on how to do this by having your family work with a child specialist with the education and training in child development rather than law. If you are concerned about how to meet your expenses in both households, you are likely to get more initial benefit from working with a financial professional than with an attorney. Similarly, if your primary concern relates to difficulties in communicating with your spouse, you may want to work with a divorce coach who has the skills and training to help you focus on these important areas. The Collaborative Divorce process is often a team process in which you work with a team of professionals rather than just with attorneys. You may initially be apprehensive about working with a team of professionals believing that it will increase your cost. However, if you plan your process carefully, working with other professionals can reduce your cost and help you create a better outcome. Generally, the work done by the financial professionals and the mental health professionals replaces much of the work done by the attorneys, allowing you to get more skilled help, generally, at a lower hourly rate. One of the keys to success in working with a team is to make sure that you get the level of professional help that best meets the needs of your unique family. Options in working with your Collaborative Divorce Team will be discussed in an upcoming blog. However, if you want information on this now, go to www.collaborativelaw.org and www.ousky.com. You can read the final part of this series, here.

October 23, 2013

Part 3: Collaborative Divorce helps create better outcomes by requiring commitment at the beginning of the process. A Collaborative Divorce is one in which the husband and the wife each retain a lawyer for settlement purposes only. One of the reasons that the process works well is that it causes both parties to make the necessary commitment early in the process. Almost all divorce cases, (approximately 95%) settle out of court. However, too often the settlement comes after the parties are near the point of financial and emotional exhaustion, sometimes creating flawed settlements and resentment. Many people reach a point of committing to a settlement only when they are nearly out of money, or they are told by their attorneys or the judge that moving forward will not be successful. These reluctant settlements, while better than a trial, come at too great of a price and can lead to a rocky future for the family. In a Collaborative Divorce, both parties and their attorneys sign a Participation Agreement at the beginning of the process that challenges clients to focus on commitment to settlement before they are financially and emotionally drained. Because both parties are asked to engage their attorneys for settlement purposes only, they are forced to think about their commitment to settlement at the very beginning of the case, and not “on the courthouse steps.” Both clients understand that each of them must make a commitment at the beginning of the process. Early commitment from each party leads to better settlements that are made before financial and emotional resources are fully exhausted. Early and deep client commitment is a big part of why people often get better outcomes in a Collaborative Divorce, since skilled Collaborative Professionals can help them commit, not only to settlement, but to other important matters, such as improving skills in the areas of parenting, communication or financial acumen. However, this is only a part of the equation. In order to be successful, committed clients need to be guided by professionals that are skilled in helping them achieve the best outcomes in this new environment. This information will be discussed in the upcoming blog. However, if you want information on this now, go to www.collaborativelaw.org or www.ousky.com. Read on to Part 4 by clicking here

October 21, 2013

Part 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

May 27, 2013

Angelina Jolie has been a news-maker lately for her courageous decision to disclose her personal health care response to having a breast cancer gene. You may have noticed in her media interviews how often she has referred to “my partner, Brad Pitt.” Jolie and Pitt are among many parents raising children and creating lives together without being married. Some couples do this by choice and others by historic exclusion from the opportunity to get married (an inequitable situation that has changed with the recent passage of marriage equality legislation in Minnesota).

What support options exist for these families when parents make the difficult decision to break up? And what support options exist for parents who never formed a permanent relationship but intend to co-parent? What might Collaborative Team Practice have to offer these parents and families?

Collaborative Team Practice can provide a very stable container for parents seeking to end their partnership in a dignified and respectful way, and to create a road map for future co-parenting. Depending on the legal, financial and parenting issues to be resolved, parents can select a team of professionals specifically tailored to their circumstances and needs. As a neutral child specialist, I have been privileged to work with many non-married couples and non-coupled parents to create developmentally responsive parenting plans to guide co-parenting. These are clients who take to heart the notion that kids deserve the best safe parenting they can get from both parents. The future for these children feels brighter, more hopeful and more coherent.

It takes courage and mindfulness to co-parent after a break up, or if parents have never been in a committed relationship. But we know that effective co-parenting is a cornerstone of health and resilience for children. Parents deserve all the support they can get, and Collaborative Team Practice can help provide that support.

May 6, 2013

“There are many things in life that will catch your eye, but only a few will catch your heart...pursue those.”~Michael Nolan

Where can I hire an attorney with heart? I get that question all the time. Okay, so not exactly that question, but isn’t that what we mean? We ask for a “good” attorney or a “reasonably priced” attorney or one “who cares and will listen to me.” In Collaborative Team Practice, attorneys work with other professionals who have training and experience in the non-legal areas of divorce. Those other professionals help the clients with the financial information, the child/parenting issues, and the emotional rollercoaster of the process, while the attorneys focus specifically on the legal aspects. Why would an attorney want to work in Team Practice? In the traditional model they do it all. They set up the spreadsheets and explain financial options, help their clients come up with a parenting time schedule and referee the arguments and emotions. All of that takes a lot of hours, and to be perfectly honest, that turns into a lot of billable hours. Attorneys who limit their work to the legal aspects of the divorce have less billable time. They work side by side with experts who specialize in the other essential areas of divorce. Since they are only doing one piece of the work they get just one piece of the billable hours. So, again, why do they do it? Team practice attorneys are members of the broader community of attorneys out there who are motivated by putting their clients’ interests first. I know from professional experience that they understand how difficult divorce is and want to be of service. They want their clients to get the full support a team can provide. Contrary to all of the humor about lawyers, there is an abundance of really good, caring attorneys. Team Practice Collaborative Attorneys absolutely have heart.

April 24, 2013

Most of us are familiar with the concept of holistic medicine. The importance and interdependence of body, mind and spirit in our overall health is becoming accepted in the world of healing. Less well known, however, is the Collaborative divorce process, which utilizes a holistic approach to help struggling families heal. Collaborative practice uses a team of experts who work with the parents and their children to achieve deeper resolution. Contrary to popular belief, divorce is not just a legal event. As countless couples in the throes of separation can attest, accusations about the past and fears about the future can make constructive conversation impossible. Frustration sets in and one or both parties “lawyer up.” So begins the all-too-often lengthy, unpleasant and expensive process of litigation, during which parents are often discouraged from communicating with one another. Fortunately, another option exists. In Collaborative divorce, both parties have Collaboratively-trained attorneys providing guidance throughout the process. In addition, they jointly use a team of neutral professionals to address their communication, financial, parenting and emotional issues. A series of meetings takes place in which these interdependent issues are discussed and resolved without court involvement. In this way, divorcing parties maintain more control over both the process and the outcome. Integrative medicine uses a team of specialists who communicate with one another to achieve optimum health for the patient. The Collaborative divorce process parallels this model by bringing together a team of divorce experts. This more humane method of dispute resolution can facilitate healing and result in a healthier post-divorce family.

April 15, 2013

Where should I sit? This is a common thought walking into any new room. This is especially true if you are involved in a legal discussion and emotions are high. In a memorable Collaborative Practice training I attended a couple years ago, the instructor encouraged us to think about conference room space at our respective offices. We were to think about our seating space from the perspective of a client and also from the perspective of the other participants. We had a thorough discussion on the pros and cons of where to park various participants and a role-play about seating; who should sit where? Why? It is a little like solving a puzzle, trying to find the best seating position to attain a comfortable and effective discussion. Should the attorneys sit next to each other and the clients sit next to each other? Should it be grouped by attorney-client pairs on each side of a table? Should the clients sit across the table from one another? Is it better to have the clients sit directly across or diagonal from one another? Does this sound like what you would think a group of attorneys would get together to talk about? No, this type of discussion is way outside the realm of traditional litigation-based attorney training. This is the Collaborative way of thinking. Collaborative Attorneys and other Collaborative team members are trained and experienced in thinking not just about the legal aspects of a case, but also the non-legal aspects of the client experience. Seating at a group meeting is just one example. It is quite simple: when people are comfortable, they are better able to think with a clear head. These non-legal factors in the client experience play an important part in negotiating successful and durable settlements. It is common for attorneys to say that most of family law is not about the law. What they mean is that the law is only part of the equation and that emotions and other factors play a major role in resolving a case. Collaborative teams are uniquely trained to think about and value these non-legal factors in helping their clients negotiate legal solutions.