COLLABORATIVE LAW A Better Way to Divorce COLLABORATIVE PRACTICE ______________...

COLLABORATIVE LAW A Better Way to Divorce

C O L L A BO RAT I V E P R A C T I C E_________________________________________________

Resolving Disputes Respectfully

North Shore Practice Group

[http://northshorecollaborativelaw.com/]

©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

Divorce Process Alternatives

LitigationMediationCollaborative Law


Conventional Dispute Resolution Litigation

• Oppositional

• Positional

• Rights-based / Entitlement-based conflict

• Judge decides

• More than 90% settle before trial


What is Mediation?


• Settlement focus from the start

• Voluntary participation

• Party priorities guide the process

• Interest-based negotiations

• Parties determine the outcome

• Confidential process

• Results in an MOU

Different Negotiation Approach


What distinguishes Collaborative Law?

Team approach

Attorneys

Coach(es)

Child Specialist

Financial Neutral

Clients dialogue directly

No court intervention

Professional support through divorce decree

Contained process

Privacy / Confidentiality


Getting Started in CollaborativeVisit Collaborative Law Institute of Illinois

website http://collablawil.org

Contact Collaborative Professional: attorney, coach, or financial. Should feel like a good fit

Professional(s) and clients work together to complete the team

Location matters


Attorney’s Role

Listen to what matters most to the clientActively represent the client’s interestsEducate and counsel about law and possible

outcomesWork collaboratively with other professionalsHelp client articulate interests, engage, and

reach agreementsPrepare legal documents and enter agreements

in court through the final Judgment for Dissolution


Coach Role

Identify and prioritize client’s concerns and goalsManage strong emotionsStrengthen effective communicationRecognize effective and ineffective behaviors

and counsel clients to keep meetings productiveHelp develop co-parenting skills and a parenting

plan


The Coach is not your TherapistCoach helps manage present behaviors to

achieve identified future goals (not causation focused)

Coach supports client dealing with your divorce (not your mother)

Time-limited relationship for the purpose of engaging in the divorce process (not long term therapy)


Child Specialist Role

Single neutral selected by both partiesBrings child’s voice to the divorce processNeutral representative of child/children’s needsProvides expertise/information about child

development to parents

Maintains ongoing relationship with parents when needed


Financial Neutral RoleSingle neutral selected by both partiesGathers and organizes financial informationDevelops budgetsCreates accurate statements of assets and

liabilitiesIncreases client’s financial literacy (helps

balance)Identifies case-specific financial issues works with team to explore questions about

various asset division and support scenarios©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

• Whole team is greater than the sum of its parts

• Work together to assist parties to make informed decisions

• Separate the parties from the problems

Value of Interdisciplinary Team

How much will Collaborative Cost?

Compared to what?Cheaper than litigation?Managing costs is part of the processNot inexpensive, but worth it.


Will Collaborative Law work for Us?

Willingness to participateChildren (or others) to protect from bitter conflictContinuing relationship as co-parentsPrivacy mattersTrust yourself to make informed decisionsWant to manage divorce expensesWant to manage divorce timingWant to manage divorce priorities


Questions


Fellows of the Collaborative Law Institute of Illinois

(CLII)

North Shore Practice Group

http://collablawil.org

©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved..

Powerpoint organized and designed by: Alona Anspach, Deanna Conklin-Danao, Stanley Majka, Rachel Moore

COLLABORATIVE LAW A Better Way to Divorce COLLABORATIVE PRACTICE ______________...

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