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What is collaborative process?
Collaborative process is a divorce (or other family law issue) resolution process in which, first and foremost, both parties pledge their commitment to resolution without resorting to litigation. The parties and their collaborative counsel work together to tailor the process to address the specific needs and issues at hand. After an honest exchange of information, interest-based negotiations seek mutually beneficial resolutions that take into account the highest priorities of the parties.
Within the collaborative process, the client participants can learn effective communication skills and are provided a forum for discussing their respective concerns and goals. Further, the collaborative process ensures that the attorneys work in good faith with the parties to avoid an impasse and stay out of court. Finally, the collaborative process allows parties to retain their privacy, to have control over outcomes, and to maintain the civil relations necessary to co-parent children into the future.
Who should be interested in collaborative family law?
You should be interested in collaborative process if you are in any one or more of the following categories:
1. You desire to protect your children from the harmful effects of a high
conflict dispute2. You seek to keep private financial and business matters out of the public
domain3. You wish to retain control of your matter, instead of ceding control to the
Court system4. You want to maintain an atmosphere of fair play and respect, even in areas where there may be disagreement
5. You value discussing and weighing each party's needs
6. You prefer to put aside the pain of the moment to plan for a better future
7. You seek to operate in a creative, customized environment that encourages
joint problem-solving for mutual benefits
How does the collaborative process
work?
The parties and their collaborative counsel join in a written commitment to negotiate a settlement, through a series of planned four-way meetings, without resorting to litigation. Honoring their collaborative commitment, the participants then engage actively in problem-solving using an interest-based negotiation model with essentially four stages:
1. Free and voluntary exchange of facts and information
2. Identification and mutual disclosure of interests and values
3. Generation/creation of all available options
4. Mutual assessment of options to find areas of mutual gain and benefit
What can I do to learn more about collaborative family law?
The following video resources are available to help answer some specific questions you may have:
1. Divorce Happens. http://www.youtube.com/watch?v=rQ20v7nAwT0
2. How is collaborative divorce different from litigation? http://www.youtube.com/watch?v=cJf6XxRBFCk&feature=related
3. How do I know if collaborative divorce is right for me?
http://www.youtube.com/watch?v=ZSUkW4S-3Os&feature=related4. How will a collaborative divorce affect my children?
http://www.youtube.com/watch?v=3T0QbM_X-PE&feature=related5. I suspect my husband is hiding assets. Is the collaborative divorce right
for us? http://www.youtube.com/watch?v=GsQb3f_bPRM&feature=related6. My wife is very controlling. Will a collaborative divorce work for us?
http://www.youtube.com/watch?v=K659cTw5950&feature=related7. Who makes up the collaborative divorce team?
http://www.youtube.com/watch?v=V0sD3rKeUuE&feature=related8. Is collaborative divorce expensive?
http://www.youtube.com/watch?v=4ekrEWear6w&feature=related9. With a collaborative divorce can I still go to court if I choose to?
http://www.youtube.com/watch?v=2GQXTQlg2ns&feature=related10. How is collaborative divorce different from mediation?
http://www.youtube.com/watch?v=SSOWUtexsI4Anyone who is interested in learning more about collaborative process can read many informative articles available at the website of the International Academy of Collaborative Professionals (IACP), www.collaborativepractice.com.
In addition, our firm recommends that our clients consider reviewing the following books, which are available through most bookstores or by visiting www.penguinputnam.com or www.harpercollins.com:
1. Getting to Yes, Fisher/Ury/Patton (Penguin Books, 2d Ed. 1991)
2. Difficult Conversations, Stone/Patton/Heen (Penguin Books 2000)
3. Collaborative Divorce, Tesler/Thompson (Regan Books 2006)

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