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.

Collaborative Mediation

What is Collaborative Mediation?

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If you are getting divorced, you want to move forward as peacefully, quickly, and cost-effectively as possible.  And so you should learn about collaborative mediation.

Mediation

Collaborative mediation is a combination of two forms of private dispute resolution: mediation and collaborative divorce.  In mediation, you meet face-to-face with your spouse along with a neutral mediator (or co-mediators).  The mediator does not decide issues for you.  Rather, the mediator is there to facilitate an agreement between you and your spouse.

What is said during mediation is private and confidential.  This means that statements or offers made in mediation cannot be used against you later in court.  This confidentiality is protected by the Florida Mediation Confidentiality and Privilege Act (Florida Statutes §§ 44.401-44.406).

Though the mediator can help you and your spouse reach an agreement, he or she cannot provide you with legal advice.  The mediator, for example, cannot tell you if you are making a good or bad deal.

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Collaborative Law Rules at Florida Supreme Court

Collaborative Law Rules Oral Arguments at Florida Supreme Court

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On February 9, 2017, the Honorable Laurel M. Lee, Circuit Court Judge of the 13th Judicial Circuit in Hillsborough County and Chair of the Family Law Rules Committee of the Florida Bar Family Law Section, along with collaborative attorney Robert Merlin, Vice Chair of the Committee and a Board Member of the International Academy of Collaborative Professionals, stood before the Florida Supreme Court (video) to argue in favor of the adoption of collaborative law rules of procedure and professional conduct.

In 2016, Florida Governor Rick Scott signed into law the Collaborative Law Practice Act, but the Act does not go into effect until the Florida Supreme Court approves rules.  The Act creates a framework for collaborative family law, which is a private form of dispute resolution where attorneys focus solely on helping clients reach an out-of-court agreement.

Judge Lee explained to the Supreme Court Justices that the process is voluntary: “It is entirely a voluntary process by the litigants and families that choose to engage in the collaborative law process.  It can be terminated by either of the parties at any time.”

Judge Laurel Lee at Florida Supreme Court Arguing In Favor of Collaborative Law Rules

Judge Laurel Lee at Florida Supreme Court Arguing In Favor of Collaborative Law Rules

When asked if collaborative practice could help those with modest means, Judge Lee told the Supreme Court justices how she first came to learn about collaborative divorce:

“I first became aware of the collaborative process when a case came to my trial court in which all of the collaborative team – including the attorneys, the mental health professional, and the financial professional – had taken the case pro bono. I know in my circuit there is a group of collaborative professionals who take low cost or reduced fee cases so that parties do have access to this process even if they are not families of great financial means.”

Upon being asked by Justice Ricky Polston what effect collaborative practice has on mediation, Judge Lee replied, “They are not mutually exclusive.  Collaborative is a process that the parties can choose to engage in but does not preclude the use of any other alternative dispute resolution methods.  So [mediation] could certainly remain an option for litigants.”

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Harvard Law Professor David A. Hoffman Explains the Uniform Collaborative Law Act

Video: Harvard Law Professor Explains Uniform Collaborative Law Act

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Last year, Florida Governor Rick Scott signed into law the Collaborative Law Process Act.  There are still some steps that need to be taken for the law to go into effect (namely, the Florida Supreme Court will need to establish rules of procedure and rules of professional conduct).  However, the collaborative community celebrated this milestone after a seven year effort by family law attorneys, mental health professionals, and financial professionals.

Uniform Collaborative Law Act

Florida’s Collaborative Law Process Act is based on the Uniform Collaborative Law Act (“UCLA”).  The UCLA is proposed legislation drafted by the National Conference of Commissioners on Uniform State Laws.  The Uniform Law Commission, as it is more commonly known, creates proposed legislation that it hopes states will adopt to bring consistency and clarity to different areas of the law.

Back in 2010, the American Bar Association House of Delegates was considering whether to support the UCLA.  In the video below made in 2009, Harvard Law Professor David A. Hoffman explains the UCLA.  He also advocates for the American Bar Association to support the UCLA.

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Divorce: What Happens to My Small Business?

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You have worked hard to build your small business in Tampa Bay or Greater Sarasota.  Your dreams and future are intertwined with your company.  But, now, you are facing divorce, and you are worried about how this will affect your small business.  You know there are quite a few issues that you will have to deal with.  Child custody, division of property and debts, and child and spousal support all need to be addressed.

Small Business and Collaborative Divorce

Small Business & Collaborative Divorce

But what happens to your small business?

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Divorce Lessons Learned

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Every attorney learns lessons from the divorce cases with which they are involved.  Some attorneys learn lessons that have unintentional, destructive consequences for the family of the client whom they serve.  Other attorneys learn lessons that contribute to a peaceful resolution of disputes.

Divorce Attorneys Learn All Types of Lessons from Their Cases

Attorney Nancy Retsinas on Divorce Lessons Learned

Lessons Learned in Divorce Cases

After 25 years of practice, Washington collaborative divorce attorney Nancy Retsinas shares lessons that she has learned along the way:

  • Many roads lead to resolution — collaboration, mediation, even plain-old cooperation. The courtroom should be the road of last resort.
  • Listen to gain understanding. Only by actively listening — without preconceptions or judgments — am I able to truly understand my client’s needs.
  • Don’t ask for — but also don’t be afraid of — conflict. Everything is figure-out-able.
  • Build rapport. Understanding all perspectives in a dispute results in better, more durable agreements — and almost always keeps people out of court.
  • It is not only possible, [but] it is imperative to treat all people respectfully — especially those you disagree with.
  • “​The Law” rarely solves “​The Problem.”
  • Plan for peacemaking and be prepared for a few the bumps in the road before getting there.
  • Be future-focused. Encourage clients to look forward and not dwell on past hurts or resentments. It’s the only way to true resolution.
  • Clients seek clear legal guidance focused on their underlying interests. Legal advice given in a vacuum is rarely helpful.
  • Honesty above all else.

Lessons for You

The main lessons for spouses to take away from Nancy’s list is that court is rarely the answer for divorcing families.  Rather, respect and cooperation provide spouses the best opportunity to (i) move on with their lives as quickly as possible, (ii) protect their children along the way, and (iii) spend the least amount of money in the divorce process.

If you have questions about collaborative divorce or how we can help you move forward, schedule a meeting with Adam B. Cordover at (813) 443-0615 or fill out our contact form.

Adam B. Cordover focuses exclusively on out-of-court dispute resolution with a focus on collaborative divorce, mediation, direct negotiations, and unbundled legal services.  Adam is a co-author of an upcoming American Bar Association book on collaborative law.

Gary Direnfeld on Sole Custody

Video: Do You Really Need “Sole Custody?”

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In my Tampa office, parents come to me all of the time and say they want “sole custody.”  Maybe they are having an argument with the other parent.  Maybe they just don’t get along.  So parents figure that the solution is to be the only one to have decision making authority over their child.

In the video below, social worker Gary Direnfeld challenges the assumptions behind requests for sole custody.

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Video: Hiring A Collaborative Divorce Lawyer

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In Tampa Bay and Greater Sarasota, you have a lot of choices when determining who should be your divorce lawyer.  You may have already figured out that your best, least destructive path is via collaborative practice, where you and your spouse work together to ensure your kids and finances survive the divorce.  But how do you choose which attorney to hire to represent you in a collaborative divorce?

The video below, from Reel Lawyers, discusses the importance of hiring an attorney who specializes in collaborative practice.

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quickie divorce

A Quicker Way To Divorce – Quickie Divorce

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One of the most painful aspects of the traditional divorce process is that it seems to drag on forever. Clients are hauled through case management conferences, temporary relief hearings, depositions, motion hearings, pre-trial conferences, and, finally, oftentimes years later, trial.

But this does not need to be the way you go through one of the toughest times of your life.  There is a quicker way to divorce.

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Introductory Collaborative Training

Collaborative Divorce Training Review: “Amazing!”

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Fifty plus attorneys, mental health professionals, financial professionals, and students successfully completed a two-day Introductory Collaborative Family Law Training at Nova Southeastern University in Ft. Lauderdale, Florida.  The training was led by Family Diplomacy managing attorney Adam B. Cordover along with psychologist Jeremy Gaies and accountants Kristin DiMeo and David Harper, all of the Tampa Bay Collaborative Trainers.

Tampa Bay Collaborative Trainers

Adam B. Cordover, Jeremy Gaies, Kristin DiMeo, and Enid Miller Ponn Demonstrate a Collaborative Divorce Team Prep Meeting

The purpose of the training is to educate members of various professions on how they can help families go through divorce privately, efficiently, and as peacefully as possible.

“Excellent!  Well organized, informative, funny, and thorough!  You kept our attention during some very dry ‘legal-ease,’ and are all great team players,” praised Professor Randy Heller, the organizer of the training.

Adam B. Cordover alongside David Harper going over a fact pattern at a collaborative divorce training.

“You are amazing!” proclaimed Nancy Brodzki, president of the Collaborative Family Law Professionals of South Florida, the main sponsors of the training.  When asked what other topics she was interested in attending, Nancy responded, “Any collaborative training you offer.”

“Adam is extremely knowledgeable, well-spoken, and a huge asset to the collaborative divorce program,” said attendee and attorney Honit Simon.  “Adam did well in combining practice with theory,” commented another attendee, mental health student Solomon Udo.

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Upcoming Books Help Lawyers Avoid Divorce Wars

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Tampa Bay divorce attorney Adam B. Cordover was recently cited in a news article from University of California – Los Angeles’ School of Law.  The article discusses books that teach lawyers to help families resolve divorce and other disputes privately and peacefully.  You can find the article below:

Three new books by UCLA School of Law faculty shine a light on non-traditional forms of practice in order to create greater access to legal services and to help lawyers master alternatives to litigation.

Forrest Mosten

Adjunct Professor Forrest Mosten ’72, a member of the UCLA Law faculty since 2002, and Lecturer Elizabeth Scully are co-authors of The Complete Guide to Mediation and The Family Lawyer’s Guide to Unbundled Legal Services. Mosten also is co-author, with Florida practitioner Adam Cordover, of a third book, Building A Successful Collaborative Practice, to which Scully is contributing a chapter. All three books are published by the American Bar Association. The Complete Guide to Mediation came out in 2015; the other two are slated for publication in 2017.

“We believe that lawyers should be more than gladiators,” said Mosten. “They can be healers and teachers, and their offices can be classrooms of client education. That’s a theme that runs through all of these books and my UCLA courses.”

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