COLLABORATIVE DIVORCE AND FAMILY LAW IN FLORIDA. No matter how you look at it, divorce and family law matters are difficult to go through. Expectations of stability are shattered,

mistrust grows, and bills pile up. And then the litigation begins. Attorneys file and serve petitions, counterpetitions, requests to produce, and motions to compel. Each party hires dueling mental health experts to convince a judge that he or she should have more time with the children. Privacy is eliminated as each party’s life is probed and publicly questioned so that one side may gain a tactical advantage.

But there is a different way. A more civilized way. And it is called Collaborative Family Law (also known as Collaborative Divorce or Collaborative Practice).

We are a Collaborative law firm dedicated to helping people resolve personal disputes without destroying their families. We encourage the use of the Collaborative Family Law model in divorce, child custody, child support, alimony, post-judgment, prenuptial, and most other family law cases.  Further, Adam B. Cordover is an internationally-recognized leader in Collaborative Practice, a trainer who teaches other professionals how to help families Collaboratively, and author of an upcoming American Bar Association book on Collaborative Law.

Direnfeld: Settling Parenting Disputes Outside Court

Do you ever wonder how your divorce is affecting your children?  Do you sometimes think about how conflict may be affecting your own mental health, and your ability to effectively parent, or co-parent?

Gary Direnfeld is an internationally known social worker, speaker, and parenting expert based out of Ontario.  He has been an expert witness in many high conflict divorce trials, and yet he is a strong believer that the courtroom is a terrible forum for resolving divorce and parenting disputes.  In the following radio interview, Gary discusses why he believes parenting and divorce-related issues should be resolved outside of court:

You can find a partial transcript, slightly edited for clarity, below:

Roughly 80% of folks going through a separation or divorce are going to settle things between themselves.  They may have some 3rd party assistance.  Twenty percent are going to turn to the courts.  Less than 5%, even if turning to the courts, are going to go to trial.  Most matter settle ahead of a trial.  And then there is that small percentage, that 1, 2, or 3% that really tie up the courts’ time.  And I, for whatever reason, find myself heavily involved with those folks.

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High conflict parents turn to the court searching for release only to find that in many, many cases, litigation only exacerbates the problems.  It doesn’t resolve them.  And the reason for that is, in turning to the courts, it is often a race to the bottom.  I will prove my case by making you look worse than me, and no one wants to be on the receiving end of that.  So the other parent reciprocates in kind.  And then the “he said she said” escalates to such a pitch that it is hard to know one from the other.  

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Co-Mediation And Collaborative Mediation

There are many ways to resolve your divorce issues.  The most well-known option is courtroom divorce.  This is where the spouses spend years battling it out, finding ways to undermine one another.  In the end, a judge tells them who gets what property and where the kids sleep at night.  There is also mediation and collaborative divorce, private forms of dispute resolution.  But two less known methods for resolving your divorce are co-mediation and collaborative mediation.

Co-Mediation

Co-mediation is a way for you and your spouse to resolve disputes outside of court with two or more mediators.  Oftentimes, the mediators have different training and skillsets.  In the co-mediation that Family Diplomacy offers, one co-mediator is an attorney by training.  The other is a therapist or accountant by training.  The co-mediators do not provide legal or financial advice, nor do we engage in therapy.  Rather, in a series of face-to-face meetings, we help develop options that meet your legal, financial, and emotional needs.

Collaborative Mediation

In collaborative mediation, you and your spouse each have your own attorneys.  The attorneys can only represent you in private dispute resolution.  Accordingly, the attorneys spend no time, energy, or money on opposition research, preparing for trial, or encouraging you and your spouse to fight.  The collaborative attorneys provide their clients with legal advice so you can make-well informed decisions.  The neutral mediator or co-mediators help facilitate an agreement and keeps the process moving forward.

You and your spouse have the ultimate say in how you want to use your attorneys in collaborative mediation.  The attorneys can be by your side at each mediation meeting.  Alternatively, the attorneys do not attend mediation but instead provide you with advice outside of meetings or only once the mediator(s) draft up an agreement.  Still, another option is for the attorneys to attend some meetings (like ones focused on financial matters), but not other meetings (i.e., parenting plan discussions).

Co-Mediation and Collaborative Mediation

Co-Mediation and Collaborative MediationRachel Moskowitz, a Licensed Mental Health Counselor with whom I frequently co-mediate, recently wrote an article for Commentator Magazine.  The article describes a case study in which we had a co-mediation that turned into a collaborative mediation.  You can find an excerpt of the article below.

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Simplified Dissolution of Marriage

How Often Do Collaborative Divorces Terminate?

Good, you have decided that if you are going to divorce, you are going to do it collaboratively.  This means that you and your spouse will each have your own attorneys, but the attorneys are not there to fight.  You hire the attorneys to help reach an out-of-court agreement so you can move on with your lives.

But you may also know that either spouse at any time can decide they no longer want to participate in the collaborative divorce, causing it to terminate.  All professionals are automatically fired.  The spouses then proceed as “opposing parties” in the traditional divorce court route.

The possibility of losing your attorney is a scary notion.  So, you may be wondering to yourself, how often do collaborative divorces terminate?

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Video: Ron Ousky on Hiring A Family-Focused Divorce Lawyer

When determining which attorney to hire for your divorce, you may be tempted to believe that your best option is to hire an overly-aggressive lawyer.  But is that truly going to benefit you and your family?  Do you want to make your spouse “the enemy” and make your children collateral damage?  Well, there is another option.  Instead, you can hire a family-focused divorce lawyer.

In the video below, Minnesota collaborative attorney Ron Ousky, former president of the International Academy of Collaborative Professionals, discusses, among other things, why you should consider hiring a family-focused divorce lawyer.

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Cordover & Gaies Present on LGBTQ Families & Relationships

On August 11, 2017, psychologist and collaborative facilitator Jeremy Gaies joined collaborative attorney and mediator Adam B. Cordover to present on the topic of “LGBTQ Relationships:  The New Family and Out-of-Court Dispute Resolution.”  Gaies and Cordover facilitated the LGBTQ families workshop at the 25th Annual Conference of Florida’s Dispute Resolution Center.

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Purpose of LGBTQ Families Workshop

The purpose of the workshop was threefold:

  1. Identify specific legal and other considerations for lesbian, gay, bisexual, transgender, and questioning (LGBTQ) individuals and families;
  2. Engage in discussion of various out-of-court options to meet LGBTQ needs; and
  3. Consider new and future legal challenges for LGBTQ clients and the family law community.

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Pensacola Introductory & Advanced Collaborative Training November 2-4

Did you know that there was a major change to Chapter 61 of the Florida Statutes regarding Collaborative Family Law?  Are you confident that you can competently abide by Florida’s new Collaborative Law Rule of Professional Conduct and Rule of Procedure?  Or do you just want to learn how to help people divorce in a less stressful, more respectful, and child-centered manner?

Attorneys, mental health professionals, financial professionals, mediators, and others are welcomed to Pensacola for an Introductory and Advanced training on Interdisciplinary Collaborative Family Law!

CLICK HERE TO REGISTER NOW!

What/When:  

  • Introductory Interdisciplinary Collaborative Training – November 2-3, 2017
  • Enrolling the Collaborative Case Advanced Training – November 4, 2017

Where:  Pensacola, Florida

Cost:

  • $500 for 2-Day Introductory Training
  • $200 for Advanced Training (Enrolling the Collaborative Case)
  • Discounted rate of $650 for all 3 days

Host:  West Florida Collaborative Law, Inc.

Trainers:  Tampa Bay Collaborative Trainers

Learn more: Contact John Susko, Esq. at john@susko-collab-med.com OR Joshua Jones, Esq., at jjones@westfloridacollaborativelaw.com

CLICK HERE TO REGISTER NOW!

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New Chief Judge for Second District Court of Appeals

The Honorable Edward C. LaRose has been elected Chief Judge of Florida’s Second District Court of Appeals.  The Second District hears appeals from most of the Tampa Bay area, including Hillsborough, Pinellas, and Pasco Counties.

Judge LaRose has been a supporter of collaborative practice as a private, more humane way to go through divorce and other family law matters.  He has attended Family Law Inns of Court meetings as well as meetings of the Collaborative Law Section of the Hillsborough County Bar Association and has always been happy to discuss collaborative law.

In discussions with Judge LaRose, I have learned that he believes most families should try to resolve issues related to divorce outside of court, and that they should only resort to a judge imposed decision as a last resort.

Below is an announcement from the Second District Court of Appeals:

Edward C. LaRose Named Chief Judge

LAKELAND, Fla.—Judge Edward C. LaRose has been unanimously elected chief judge of Florida’s Second District Court of Appeal by his colleagues. He will serve a two-year term that begins July 1, 2017, succeeding the current chief judge, Craig C. Villanti. The court is headquartered in Lakeland and has a branch in Tampa.

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IACP Collaborative Law Practice

Video: A Client’s View of Collaborative Divorce

After you decide to divorce, the question of how you divorce can be one of the most consequential decisions you make. You have choices.  Many people hire a trial lawyer  and go the traditional litigation route to fight it out in court.  Usually they do this because they don’t know there are options.

In most cases, the single most humane and effective option out there is collaborative divorce.  In collaborative divorce, you receive the support of your own attorney, but the attorneys are not there to fight.  Rather, they are there to work together and help you figure out the best way for you and your spouse to move on with your lives as quickly, peacefully, and efficiently as possible.  Other professionals are utilized to ensure everyone focuses on the future rather than the arguments that led to the divorce, as well as to aid in financial transparency.

In the video below, produced by the Tampa Bay Academy of Collaborative Professionals, a former husband, Nick, discusses his collaborative divorce:

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Pictures: Florida Academy of Collaborative Professionals 2017 Conference

In June 2017, the Florida Academy of Collaborative Professionals held its fifth annual conference right here in Tampa.  The theme of the conference was “Get In On The Act,” in celebration of the recent passage of the Collaborative Law Process Act.

Over 200 attorneys, mental health professionals, financial professionals, and others attended the conference to delve into introductory, intermediate, and advanced topics in collaborative practice.  There were also quite a few attendees from outside of Florida, from areas as far away as Erie, Pennsylvania and Barrie, Ontario, Canada.

Family Diplomacy managing attorney Adam B. Cordover presented for two of the workshops at the conference:

  • Collaborative Unscripted: The Role of Creativity in the Process (with Kristin DiMeo, CPA; Jeremy Gaies, Psy.D.; David Harper, CPA; and Barbara Kelly, Ph.D.); and
  • The Cost of Collaboration: Efficiency vs. Cutting Corners (with Brian Galbraith, LL.B., LL.M.; and Melissa Sulkowski, M.A., LPC)

You can find pictures of the conference below:

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Video: Collaborative Professionals Discuss New Collaborative Law & Rules

In the video below, from the Florida Academy of Collaborative Professionals, attorneys, mental health professionals, and financial professionals discuss the new collaborative divorce statutes and rules:

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