Here in Tampa Bay, I have been promoting an alternative to courtroom divorce litigation known as collaborative divorce (also variously referred to as collaborative family law, collaborative practice, and collaborative process). The video below, from Family Matters with Justice Harvey Brownstone, contains a comprehensive discussion of the collaborative process:
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.
Judge Catherine M. Catlin, Associate Administrative Judge of the Thirteenth Judicial Circuit’s Domestic Relations Division, recently lead a round table discussion sponsored by the Collaborative Divorce Institute of Tampa Bay (“CDITB”). Judge Catlin relayed, among other things, that she encourages clients to participate in private alternative dispute resolution methods such as collaborative practice.
Collaborative practice (also known as collaborative family law, collaborative process, and collaborative divorce) is a method of resolving disputes where the parties agree that they are not going to bring their case in front of a judge to decide issues of custody, division of assets, etc. Instead, they hire trained collaborative attorneys committed to reach a settlement. A neutral facilitator or mental health professional is retained to move the process forward and keep the parties focused on the future of the family and children rather than on the arguments of the past. A neutral financial expert is often brought on board to develop settlement options that make sense for the family’s financial well-being.
Divorce is a trauma. It is tough not only for the spouses who are separating, but also for their children, their friends, their relatives, and their community. If you can avoid divorce, whether by seeking help from a therapist or clergy, you should attempt to do so. However, sometimes a marriage is truly irretrievably broken.
For those who are going through divorce, there is an alternative to the “War of the Roses” or “Kramer vs. Kramer” scenario where countless dollars are spent on attorney and expert witness fees, families are torn apart, and bridges are completely burned. In most cases, the single best alternative in this attorney’s view (and in the view of a growing number of mental health professionals) is collaborative divorce.
Introduction to IACP Client Survey
The International Academy of Collaborative Professionals (“IACP”) has been conducting a survey which studies clients’ experiences with collaborative divorce and collaborative family law in general. Collaborative divorce is a process by which parties, instead of going to court to litigate, agree to a private framework that lends itself to developing more creative options for financial, child custody, and other family issues. Most times, a neutral mental health professional/communication coach and a neutral financial professional are engaged to facilitate the process.
These findings were compiled in the Spring 2012 edition of The Collaborative Review: The Journal of the International Academy of Collaborative Professionals (“What Clients Say About Their Experience in the Collaborative Process” by Linda Wray, J.D.).
About the Surveyed Collaborative Clients
Ninety-eight participants of the collaborative process responded to the survey between 2007 to 2010. The participants were split pretty evenly between men and women. The majority of respondents were between the ages of 40-59, were married for 16 years or more, and used the process in dissolving their first marriage. The majority of respondents had children. Most respondents had unsuccessfully attempted marital or couples counseling prior to engaging in the collaborative process.
Ninety percent (90%) of those surveyed settled their case via the collaborative process.
Satisfaction with the Collaborative Process and Its Outcome
Clients were asked their level of satisfaction on a variety of issues surrounding the outcome of their cases, including issues relating to their relationship with their children, relationship with their former spouse, co-parenting matters, development of post-divorce communication and parenting skills, and the terms of their settlement. About three-quarters of clients were extremely or somewhat satisfied to the general outcome of their case, compared to 13% who were extremely or somewhat dissatisfied.
Clients were most satisfied with the outcome of the collaborative process on issues dealing with their children. Clients felt that the interests and emotional well-being of their children were served well in the process. Clients were also satisfied with their improved co-parenting skills.
Clients responded that they were somewhat satisfied to extremely satisfied with the following features of their collaborative process:
- Meetings scheduled to accommodate clients’ schedules (as opposed to hearings accommodating the Court’s schedule);
- Respectfulness of the collaborative process;
- How free clients felt to express themselves in their case; and
- The opportunity to address concerns directly with the other participant (as opposed to communicating solely through attorneys, mediators, or court motions).
I recently had the opportunity to attend a joint meeting of the Tampa Bay Family Law Inn of Court and Pinellas County’s Canakaris Inn of Court. The guest speakers were three judges from Florida’s Second District Court of Appeals: Chris Altenbernd, Edward C. LaRose, and Robert Morris. I had the opportunity to discuss collaborative divorce with the appellate judges. The following excerpt of a Collaborative Divorce Institute of Tampa Bay article describes a portion of the meeting and my discussions:
Judge Chris Altenbernd (who served as chief judge from 2003-2005) observed that, by the time divorce and paternity cases reach the appellate level, both parties have almost invariably already lost:
“You have families that are being torn apart, and the parties are arguing often for the sake of arguing, not putting children’s issues and the families’ financial future first.”
Judges Edward C. LaRose and Robert Morris agreed.
Judge LaRose then asked the attorneys in the audience whether collaborative practice was being utilized in Pinellas and Hillsborough counties. Collaborative Divorce Institute of Tampa Bay membership chair Adam B. Cordover answered their question. “The practice of collaborative family law is growing in Tampa Bay. Last year, the Collaborative Divorce Institute of Tampa Bay provided training to instruct more attorneys, mental health professionals, and financial experts on how to handle collaborative divorce cases in a way that is private, individually-tailored, respectful, and takes into account the best interests of any children involved. In short, we collaborative professionals are carrying out the ideal of ‘therapeutic jurisprudence.’”
Judge Altenbernd later relayed to Mr. Cordover that he supports the collaborative process, especially in divorce cases where issues of child custody and parenting plans are involved. ”I just think more people need to seriously consider the family-focused process of collaborative divorce rather than fight it out in the court system.”
Attorney Adam B. Cordover has completed advanced training in interdisciplinary collaborative family law. He is on the Board of the Collaborative Divorce Institute of Tampa Bay and is a member of the International Academy of Collaborative Professionals.
If you have questions regarding collaborative divorce and you wish to speak with a Tampa Bay collaborative attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or by completing our online form.
The Collaborative Divorce Institute of Tampa Bay (“CDITB”) recently unveiled its brand new website to promote the dynamic and growing practice of collaborative law. The new website address is http://CollaborativeDivorceTampaBay.com.
As a member of the CDITB Website Steering Committee, I am proud of the work we accomplished in bringing the website public. You can find articles and videos exploring various topics in collaborative family law practice. You can review answers to frequently asked questions (FAQs) about collaborative divorce. And now you can find collaboratively trained communication coaches/mental health professionals, financial professionals, and attorneys in your area by simply entering your zip code into our Collaborative Professional Directory.
Attorney Adam B. Cordover has completed advanced training in interdisciplinary collaborative law and is a member of the International Academy of Collaborative Professionals and the CDITB.
Winter break can be one of the most difficult times for both children and parents to cope with divorce. We see Christmas and New Years cheer and celebration everywhere as we are dealing with our own internal and external stressors that make the mere sight of such images so painful. However, we must dedicate all of our strength to keep this period of time as happy and stable as possible for our children.
Risa Garon, a licensed clinical social worker, collaborative law mental health professional, and Executive Director of the National Family Resiliency Center, Inc., provides tips for co-parenting during the holidays:
- What can you as a parent handle? Be honest with yourself and how you feel.
- Be honest with your children about your limitations and what you can handle. Approach them in a way that doesn’t burden them with your feelings. Ask them what would help them during the holidays.
- Recognize that rituals are symbolic and often treasured by children and adults. If possible, try to have some of your family’s traditional rituals and include your children in creating new ones. Read more
Below is a news report on collaborative divorce from KTLA 5:
Attorney Adam B. Cordover has completed advanced training in interdisciplinary collaborative family law and is a member of the International Academy of Collaborative Professionals as well as the Collaborative Divorce Institute of Tampa Bay.
If you would like to speak with a collaborative lawyer in Tampa Bay and learn how the collaborative process can help your family, call The Law Firm of Adam B. Cordover, P.A., at 813-443-0615 or fill out our contact form.
Though I have advocated the use of the collaborative process in family law cases (for example, here, here, and here), it is only fair to note that there may be disadvantages to a collaborative law case. Jon Crouch over at The Family Law New Blog explores some of those potential disadvantages:
1. In litigation, you can use the timing and immense stress and fear of impending trials to get people to sign settlements they never would agree to if they actually had time to consider them.
You may have heard of collaborative divorce, which is a new, innovative form of family law that puts people above process. Courtesy of the International Academy of Collaborative Professionals, below you will find “Collaborative Practice at a Glance”:
- Encourages mutual respect.
- Emphasizes the needs of children.
- Avoids going to court.
- Jewish Press Spotlights Cordover October 16, 2018
- Divorce: Who Gets The House? October 8, 2018
- Cordover Receives Avvo Client Choice Award October 2, 2018
- Video: CPA Discusses Collaborative Divorce September 24, 2018
- Alimony Tax Deduction: Is It Too Late To Divorce in 2018? September 20, 2018