Post on 30-Dec-2015
transcript
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
©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.
Conventional Dispute Resolution Litigation
• Oppositional
• Positional
• Rights-based / Entitlement-based conflict
• Judge decides
• More than 90% settle before trial
©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.
What is Mediation?
©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.
• 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
©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.
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
©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.
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
©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.
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
©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.
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
©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.
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)
©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.
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
©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.
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.
©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.
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
©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.
Questions
©2014 , North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.
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