Professions team up in collaborative divorce.The holidays herald a time of heightened stress and tension. With so many projects still to complete before the end of the year, executives may find themselves anxious and nervous. Family members may feel the ramifications ramifications npl → Auswirkungen pl . Unfortunately, this is the time of year when many people decide to end their marriages. Divorce is not an event. Divorce is a process--the transition from being part of a couple to being single. It is a journey where one unit of two divides into two units of one. The goal of a healthy divorce should be to begin as two, end as one and still feel whole. This journey will lead the parties through an often treacherous and painful maze of transitions: legal, physical, emotional, financial and spiritual. If this maze is to be successfully navigated, then, in addition to attorneys, parties should enlist en·list v. en·list·ed, en·list·ing, en·lists v.tr. 1. To engage (persons or a person) for service in the armed forces. 2. To engage the support or cooperation of. v. the services of other experts to assure that dissolution can become a key to wholeness, so that something new and extraordinary occurs. Collaborative divorce Overview and History Collaborative law (also called collaborative practice, collaborative divorce, and collaborative family law) was originally a divorce procedure in which the two parties agreed that they would not go to court, or threaten to do so. is a new model for conflict resolution in the area of dissolution of marriage dissolution of marriage n. modern, gentler sounding, term for divorce, officially used in California since 1970 and symbolic of the no-fault, non-confrontational approach to dissolving a marriage. (See: divorce). . It is practiced by attorneys willing to support the belief that family is forever, therefore family disputes am best resolved outside of a courtroom, using collaborative strategies rather than adversarial ad·ver·sar·i·al adj. Relating to or characteristic of an adversary; involving antagonistic elements: "the chasm between management and labor in this country, an often needlessly adversarial . . . methods like litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. . Such attorneys believe in and have been trained in non-adversarial dispute resolution. Through the dissolution process, they model for their clients a commitment to honesty, dignified dig·ni·fied adj. Having or expressing dignity. dig ni·fied ly adv. behavior and mutual respect. They use disagreement
between the parties to find creative solutions in order to reach
collaborative settlement. Imagine a divorce in which collaboration
replaces competition and mediation becomes the role rather than the
exception.
The advantages of collaborative divorce are many. Sessions are held in private, keeping many details out of the public record. The clients, with their lawyers assisting, are in charge and make their own agreements, rather than giving power and control to the court. Such flexibility allows for more creativity with which to fashion settlement terms. Without the need to wait on lengthy periods for heating or trial dates, the divorce can proceed in a timely fashion, saving huge amounts on attorney fees. Just as with the death of one partner, divorce requires that the family will naturally restructure itself. Yet for this restructuring process to be optimally healthy, professional help is often needed. Too often, lawyers are called upon to solve the client's emotional and financial issues; yet, however well intentioned, attorneys have not been trained to do so. Such issues ought to be addressed by specialists in each field--psychotherapists and CPAs--as a collaborative effort. Through good planning and collaborative allocation of resources allocation of resources Apportionment of productive assets among different uses. The issue of resource allocation arises as societies seek to balance limited resources (capital, labour, land) against the various and often unlimited wants of their members. , CPAs and financial planners Financial Planner A qualified investment professional who assists individuals and corporations meet their long-term financial objectives by analyzing the client's status and setting a program to achieve these goals. may successfully assist the family to conserve its assets to the advantage of both parties and the children. Imagine a divorce in which families use experts as part of a team to help them fix the problems rather than fixing the blame. Collaborative divorce is a movement among many of the helping professions such as lawyers, psychologists, CPAs and financial planners, as well as real estate brokers, loan brokers and others to assist a couple through the process of divorce. If a couple facing divorce, values emotional health and relationships, desires the best for their children and wishes to conserve family finances, the collaborative divorce process should be considered. Ron Supancic is an attorney, a California Certified See certification. Family Law Specialist, and past president and founding member of the Coalition for Collaborative Divorce. Located in Woodland Hills, Ron can be reached through his web site at www.ronslaw.com. |
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