Who leads the Collaborative process?
Usually a collaborative lawyer is the first professional obtained by the client, and is the one who facilitates the process. However, a client can first choose a coach (Collaborative Law Professional), and then select a Collaborative lawyer to continue to facilitate the process.
What are the Steps in the Collaborative Model?
Step 1: Building the Foundation
- outline and determine the process with the client
- explore clients goals, issues and interests
- determine if they need to build team, (Coaches, financial neutrals, child specials,)
- the roles and parameters of the other professionals.
- Building a team may occur prior to the 1st meeting or at any point later in the process.
Step 2: Understanding Goals
Step 3: Identifying Issues & Interests
Step 4: Exchanging Information
Step 5: Creating Options/Settlement Choices
Step 6: Evaluate Options
Step 7: Choosing the Best Option
Step 8: Prepare & Sign Agreement/Implement Agreement
How is the coach paid?
Payment of the coach is the responsibility of the client, and is independent of the payment agreement with the lawyer. A separate agreement is made between the client and coach as to the number of sessions needed throughout this process and the hourly rate of $150/session applies.
*What’s the difference between Collaborative Practice and conventional divorce?
In a conventional divorce, parties rely upon the court system and judges to resolve their disputes. Unfortunately, in a conventional divorce you often come to view each other as adversaries, and your divorce may be a battleground. The resulting conflicts take an immense toll on emotions—especially the children’s. Collaborative Practice is by definition a non-adversarial approach. Your lawyers pledge in writing not to go to court. They negotiate in good faith, and work together with you to achieve mutual settlement outside the courts. Collaborative Practice eases the emotional strains of a breakup, and protects the well-being of children.
*How does Collaborative Practice actually work step by step?
When you decide on a Collaborative Practice divorce, each of you hires a Collaborative Practice lawyer. Everyone agrees in writing not to go to court. Next, you meet privately and in face-to-face talks with your lawyers. Additional experts, such as divorce coaches and child and financial specialists, may join the process or are perhaps the first professional that you see. All meetings are intended to produce an honest exchange of information and clear understanding about needs and expectations, especially concerning the well-being of children. Mutual problem-solving by all parties leads to the final divorce agreement.
*What is a Collaborative Team?
A Collaborative team is the combination of professionals that you choose to work with to resolve your dispute. It can be simply you and your Collaborative lawyers. In addition to your Collaborative lawyers, you can choose to include a neutral financial professional, divorce coaches, a child specialist or other specialists you and your spouse believe would be helpful. Your “Collaborative team” will guide and support you as problem-solvers, not as adversaries.
*taken from the INTERNATIONAL ACADEMY OF COLLABORATIVE PROFESSIONALS – Website
To learn more about Collaborative Law, Collaborative Practice and Collaborative Divorce visit: http://www.collaborativepractice.com/default.asp?M=1
What is the difference between Collaborative Family Law and litigation?
Please refer to the following pdf:
Similarities & Differences: Adversarial Process & Collaborative Process
To Download your Collaborative Practice “Knowledge Kit” http://www.collaborativepractice.com/kit/CP-KnowledgeKit.pdf