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Introductory Collaborative Training

Has Your Divorce Lawyer Completed an Introductory Collaborative Training?

If you are in the market for a divorce lawyer, you should know that not all divorce lawyers are the same.  Some specialize in fighting in court, while others focus on resolving disputes outside of court.  One way to help determine which strategy your divorce lawyer focuses on is to find out whether he or she has completed an Introductory Collaborative Practice Training.

What is An Introductory Collaborative Practice Training?

An Introductory Collaborative Practice Training is one of the first steps a lawyer or other professional takes before offering collaborative divorce services.  Collaborative divorce is a process where the spouses agree that they will not use their attorneys to fight in court; rather the attorneys and any other professionals will focus solely on helping the family resolve their disputes and move on to their better future.

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Does Your Lawyer Meet IACP Minimum Standards for Collaborative Practitioners?

If you are going through divorce, you may have heard of collaborative divorce as a non-adversarial method of separating.  What you may not know is that not all divorce lawyers have completed collaborative training.  Further, even among those who have completed a training, not all collaborative lawyers meet the IACP Minimum Standards for Collaborative Practitioners.

IACP Collaborative Law PracticeInternational Academy of Collaborative Professionals

The IACP is the International Academy of Collaborative Professionals.  It is the premiere organization when it comes to helping families resolve disputes in a better way.  The mission of the IACP is “To transform the way families resolves conflict by building a global community of Collaborative Practice and consensual dispute resolution professionals.”

The IACP initially created Minimum Standards for Collaborative Practitioners in 2004; it revised and adopted the current Standards in 2014.  It states the following about the Standards:

The IACP Standards for Trainers, Trainings, and Practitioners are drafted with an awareness of the aggregate nature of learning. Knowledge comes from the interface between education and practical experience. Skill is acquired from the successive application of education to experience. With those principles in mind, these Standards should be understood as a point of departure in a continuing journey of education and practice for Collaborative practitioners and trainers.

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Video: Collaborative Divorce – A Good Way to Separate

There’s no getting around the fact that divorce is difficult and painful.  And yet, not all divorces are the same.  To the contrary, some methods to separate are designed to be adversarial and others are designed to be holistic.

In the short video below, produced by the Florida Academy of Collaborative Professionals, social worker Gary Direnfeld discusses collaborative divorce, which he views as a good way to separate.  Direnfeld filmed this clip at the 7th Annual Conference of the Florida Academy of Collaborative Professionals.

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Podcast: In-Depth Interview on Collaborative Divorce

Recently, author and collaborative attorney Adam B. Cordover appeared on the “Talking Brains” podcast for an in-depth interview on on collaborative divorce.

The podcast is hosted by Dr. Stephanie Sarkis, a therapist in Tampa specializing in ADHD, anxiety, and gaslighting.

In this wide-ranging interview, Stephanie and Adam discuss, among other things, the following:

  • The differences between the traditional court-based divorce and collaborative divorce;
  • The benefits of collaborative divorce for spouses;
  • The benefits of collaborative divorce for children;
  • The benefits of collaborative divorce for professionals;
  • The success rate of collaborative divorce;
  • What happens when spouses cannot reach an agreement;
  • Mosten, Forrest, & Cordover, Adam, Building A Successful Collaborative Family Law Practice (ABA 2018);
  • The International Academy of Collaborative Professionals;
  • The Florida Academy of Collaborative Professionals;
  • Next Generation Divorce; and
  • Tampa Bay Collaborative Trainers.

You can listen to the podcast below:

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Is There A Better Way To Divorce?

Divorce is never easy.  I oftentimes hear people going through the stages of grief when discussing divorce, as if a loved one has died.  And, in a very real sense, divorce does signify the death of a relationship.

But imagine if, when a loved one died, you then picked a battle and entered a very public adversarial court system.  Your every move is scrutinized by a lawyer looking to portray you in the very worst light.  You are subjected to depositions and court hearings and a wide-net fishing expedition through all of your personal and financial matters.  And, all of this could be exposed to public scrutiny, as hearings and the court file are open for public viewing.

All of this, while you are experiencing the grief and trauma of death.  In this case, the death of a relationship.

There has got to be a better way to divorce, right?  To avoid the public indignity of an entrenched fight, right?

Fortunately, there are alternatives.  One alternative, which in this lawyer’s opinion is best for most families, is collaborative divorce.

Non-Adversarial Process

Collaborative divorce is a non-adversarial process.  Each spouse retains a separate attorney, and the two attorneys are there solely for the purpose of reaching an out-of-court agreement.  In fact, the collaborative attorneys are prohibited by law, once a collaborative process is started, from fighting in court.

Imagine that, attorneys helping clients reach a peaceful resolution.  The attorneys spend no time, no energy, and no money on opposition research, motion practice, or demonizing either spouse.

Wouldn’t that be wonderful?

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Video: Bounds of Advocacy and Collaborative Divorce

Earlier this year, the Florida Bar Family Law Section released a new version of the Bounds of Advocacy.  The Bounds of Advocacy promote a higher level of professionalism than the base level required by the Florida Bar.

In the video below, Joshua Jones, a Pensacola family law attorney and president of West Florida Collaborative Law, Inc., discusses the relationship between the Bounds of Advocacy and collaborative divorce.  The video is produced by the Florida Academy of Collaborative Professionals.  Further, professionals interested in learning to offer collaborative services to client in Pensacola November 30-December 1 can learn more and register here.

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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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