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Video: CPA Discusses Collaborative Divorce

Those who have been through the old-style divorce court may have trouble associating divorce with empathy.  This is especially true when it comes to financial issues.  And yet, collaborative divorce professionals see families act with kindness and empathy all of the time.

In the video below, Certified Public Accountant and collaborative financial professional Ari Harper discusses a recent case where empathy made all of the difference:

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“Building A Successful Collaborative Family Law Practice” Now Available

Today, the American Bar Association releases “Building A Successful Collaborative Family Law Practice,” edited by Forrest (Woody) Mosten and Adam B. Cordover.  The book includes experts from around the field in collaborative practice and out-of-court dispute resolution.

Below is a list of the chapters and contributing authors:

Foreword: Nancy Cameron

Prologue: Making Collaborative and Non-Court Practice Your Day Job – Forrest S. Mosten & Adam B. Cordover
Chapter 1: Lawyers as Peacemakers. Really?!? Yes, Really. – David Hoffman
Chapter 2: How Collaborative Practice Will Improve Your Profitability – Robert Merlin
Chapter 3: Redefining Your Practice Signature and Creating a Profitable Peacemaking Practice – Kevin Scudder
Chapter 4: How Many Hats Can You Wear? Assessing If You Can Be a Collaborative Professional and Still Litigate – Carl Michael Rossi
Chapter 5: Being A Client Leader: The Art of Gaining New Collaborative Clients – Rich Grof
Chapter 6: Effectively Marketing Your Collaborative Practice – Gary Direnfeld
Chapter 7: Creating Collaborative Office Space – Zanita Zacks-Gabriel
Chapter 8: Integrating Technology into Your Collaborative Practice – Brian Galbraith
Chapter 9: Getting Buy-In for a Collaborative Approach from the Other Spouse and Attorney – Enid Miller Ponn
Chapter 10: The First Client Meeting: Gateway to a Collaborative Case – Bev Churchill

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Pre-Order Cordover Mosten ABA Book Now!

Building A Successful Collaborative Family Law Practice by Forrest S. Mosten and Adam B. Cordover  is now available for pre-order on the American Bar Association website.  The book brings together experts in the field of collaborative practice to help professionals learn to make a living while helping families restructure in a better way.

Reviews have already started coming in:

I personally believe Woody Mosten and Adam Cordover have done the Collaborative Practice Community a tremendous service by bringing together this group of respected Collaborative Practitioners to share their experience and expertise. They gathered these voices to speak to the Collaborative Practice and peacemaking world, in an attempt to answer the call of the Community for more Collaborative cases and for a way to stop going to court forever. For those who want to devote their life and practice to changing how families resolve their disputes and to help them move forward in peace, this is the book for you.

Christopher M. Farish, Collaborative Lawyer

Dallas, Texas

President of the International Academy of Collaborative Professionals

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Preparing for Your Collaborative Divorce Team Meetings

You have wisely chosen to engage in the collaborative process rather than a more traditional, adversarial process. You—and your spouse—are to be congratulated for choosing a more peaceful path.

One of the cornerstones of the collaborative approach is the use of team meetings.  These are the working meetings that include you, your spouse, both attorneys, and any neutral professionals that you have engaged. These meetings are very different from traditional settlement conferences. This handout is designed to help you prepare for your collaborative team meetings.

Laying the Foundation

Collaborative practice is a structured process.  We follow a roadmap that has helped thousands of families to resolve their disputes.  It can be summed up as the “4 D’s of Resolution:”

  • Decide to Enter the Collaborative Process
  • Disclose All Relevant Information
  • Develop Options that Meet Interests
  • Determine the Best Options for Your Family

Many people decide to enter the collaborative process, but then want to skip right past disclosure and option development. They mistakenly believe that jumping immediately into proposal/counterproposal will save time and money.  However, in our experience, skipping the intermediate steps actually ends up costing more time and money because perspectives get entrenched, emotions spike, and the whole process gets derailed.  Further, either or both spouses may not yet know what is in the marital pot.  As a result, they may leave assets on the table or fail to address an asset or debt.  In either case, that may cause a dispute down the line.

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Video: Pauline Tesler on Collaborative Divorce and Hidden Assets

 

You may be considering using the collaborative process to divorce in a more private, amicable way, but you may wonder: “What if my spouse is hiding assets?  Can we use the collaborative process? Will it work if there are hidden assets?”

Pauline Tesler & Hidden AssetsIn the video below, California attorney Pauline Tesler, a founder of interdisciplinary collaborative practice and the first president of the International Academy of Collaborative Professionals, addresses hidden assets:

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Next Generation Divorce

Sample Collaborative Participation Agreement

Is divorce on your horizon?  If so, are you fearing entering a public adversarial system where husband is pitted against wife, and mother is pitted against father?  Fortunately, there are alternatives.  One alternative is the collaborative divorce process, where you and your spouse sign a participation agreement that states, among other things, that your attorneys can only be used to help you reach an agreement outside of court.  This means that none of you or your attorneys’ time, energy, or billable time goes towards opposition research, motion practice, or costly trial preparation.

The collaborative participation agreement spells out the rules of the collaborative process.  Below you will find a sample participation agreement that I oftentimes use in my cases here in Florida.  Please note that different professionals and different communities use different participation agreements.  Further, the same professional may have different participation agreements depending on the type of matter or the complexity of the matter.

As I have had the fortune to model my participation agreement based on the work of others, I welcome other professionals to modify and adapt the collaborative participation agreement below as their own:

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Video: Betty Discusses Her Collaborative Divorce

Choosing how you go through divorce can be a harrowing experience.  Sometimes it is helpful to hear how others have chosen to divorce.  In the video below, from the Tampa Bay Academy of Collaborative Professionals, Betty discusses her collaborative divorce:

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Mediation Compared to Collaborative Divorce

There has been a growing recognition over the past few decades that courtroom divorce, an adversarial process that pits husband against wife, is a dreadful and harmful method to resolve family disputes.  As a result, the Florida Supreme Court, like many other judicial bodies, declared that family matters needed “a system that provided nonadversarial alternatives and flexibility of alternatives; a system that preserved rather than destroyed family relationships;…and a system that facilitated the process chosen by the parties.”  In re Report of the Family Law Steering Committee, 794 So. 2d 518, 523 (Fla. 2001).

Two alternatives that have developed to fill this space are mediation and collaborative divorce.  As collaborative divorce is a relatively new option, and there exists much confusion – even among experienced family law practitioners – about the differences between these two methods of dispute resolution, this article looks to compare and contrast mediation and collaborative divorce.

Event versus Process

Mediation is generally a one-time meeting where the parties come together, along with a mediator, to attempt to settle disputes.  In Florida, the parties’ attorneys are also in the room, though other jurisdictions exclude attorneys.  The mediator is a neutral actor who does not have the power to force the parties into any type of settlement, but can only encourage them to reach an agreement.  A mediation conference will generally last from 3 to 8 hours or more.  If the parties cannot reach an agreement in that meeting, then they tend to go to court, usually multiple times.

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Video: Collaborative Divorce Founder Stu Webb

Collaborative divorce as a form of out-of-court dispute resolution has been around since 1990, but it did not just magically appear.  Minnesota family law attorney Stu Webb decided he was fed up with the traditional adversarial court system.  And he decided to do something about it.

In the video below, Henry Yampolsky of the Living Peace Institute interviews collaborative divorce founder Stu Webb:

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Divorce Need Not Destroy Your Small Business

Running a small business is tough enough.  Running a small business while your marriage is falling apart can be crushing.  But you don’t need to go through a traditional court battle if divorce is on the horizon.  Your business does not need to be a casualty.  There is an alternative.  There is collaborative divorce.

Small Business & Privacy

Collaborative divorce is a form of out-of-court dispute resolution that values privacy.  This means that your client lists, inventory details, and other trade secrets remain safely away from public court records.  In fact, here in Florida, the Collaborative Law Process Act and accompanying rules safeguard most communications had within a collaborative divorce.  Courts now have authority to sanction a party who reveals a collaborative law communication.

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