Tag Archive for: collaborative divorce

Video: The Collaborative Way to Divorce with Stu Webb & Ron Ousky

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Stu Webb is the founder of collaborative law, also referred to as collaborative divorce.  And sometimes, it is refreshing to listen to his view of the process:  “Collaborative law is different in that it is a method in a divorce situation to get an agreement…by working with two lawyers all in the context of not going to court…There is a commitment on the part of the lawyers that they will not go to court.”  Stu made these statements in a video entitled “The Collaborative Way to Divorce,” which demonstrates what a collaborative divorce can look like, with commentary.

Joining Stu is Ron Ousky, a former president of the International Academy of Collaborative Professionals.  “What I ask clients [who are going through collaborative divorce] to think about is, ‘What is going to matter to you 20 years from now when you look back?  What are the things that you are going to care about,'” asks Ron.  “And usually they will say things like, ‘I want my children to be healthy.  I want to be able to get through this emotionally.  I want to get through this financially.’  Sometimes they’ll say, ‘I want to make sure my spouse gets through it right.  I want to make sure sure we end this with some dignity.’  Often when you get clients to focus on goals, you’ll find that they have shared goals, common goals.  They probably have more in common than they differ on.”

 

You can find the video after the jump.

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Collaborative Divorce and Small Businesses

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Divorce is one of life’s most difficult tests.  The stress that the traditional adversarial litigation divorce can have on employees cost business owners countless dollars every year.  Further, a private business is seen by Florida law as a potential marital asset, to be divided in divorce just like 401(k)’s, jewelry, or furniture.  When a business is put in the spotlight of a traditional courtroom divorce, Florida’s sunshine laws dictate that the remains of the business can be picked apart in detail by competitors sifting through a public court file.

Small Business & Collaborative Divorce Graphic

Collaborative family law (also known as collaborative divorce), by contrast, is non-adversarial.  The spouses’ attorneys are not seen as “opposing counsel,” but rather as teammates.  The clients themselves are not seen as “opposing parties,” but rather as co-parents or simply people looking to transition to the next stage of their lives.

Collaborative attorneys can only help the spouses reach an out-of-court settlement, so no time, money, or energy is spent on opposition research, dirty litigation tactics, or preparing for a costly trial.  This greatly reduces the stress on spouses and mitigates productivity losses.

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Video: Child Wants Divorcing Parents to be Friends

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When most people go through divorce, they are consumed by their emotions.  No matter how you look at it, divorce is a trauma.  However, people oftentimes forget how the divorce is affecting children.  And they forget that children are keenly aware of how parents treat one another during divorce.

A video that has been going around the internet lately shows a little girl talking to her mom about how she wants her divorcing parents to be friends and treat each other well.  You can find the video after the jump.

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Collabortive Professionals Honor Florida Legislators

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Two hundred members of the Florida Academy of Collaborative Professionals (“FACP”) gathered in Tampa to honor Florida legislators and others for their leadership in passing the Collaborative Law Process Act (“CLPA”).  The CLPA, among other things, protects the privacy of families going through divorce.  It creates a statutory privilege (like the attorney-client privilege) that, except under limited circumstances, ensures that what is said during a collaborative divorce process cannot be used against a spouse in court.

In 2016, Senator Tom Lee introduced the CLPA bill in the Florida Senate.  Representative Cyndi Stevenson, with the support of Representative Dana Young, introduced a version in Florida’s House of Representatives.  All three were given awards by Florida’s statewide collaborative organization for helping to protect Florida’s families via the CLPA.

 

 

Pictured, from left to right, are Senator Tom Lee, Cole Jeffries, Robert Merlin, Judge Laurel Lee, Representative Dana Young, and Representative Cyndi Stevenson.

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Unique Forms of Collaborative Law in Tampa Bay

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Collaborative practice is not just for divorce.  It is most commonly associated with divorce, but it can be used as a non-adversarial, private form of dispute resolution in many different scenarios.  Further, there are many cases where a divorce does not begin collaboratively, and yet ends up in the collaborative process.

Below are links to posts written by Family Diplomacy managing attorney Adam B. Cordover on unique forms of collaborative practice in Tampa Bay:

A Complicated Divorce Goes Collaborative

https://familydiplomacy.com/blog/family-law-news/client-review-a-complicated-divorce-goes-collaborative/

Do You Need a Divorce Second Opinion?

https://familydiplomacy.com/blog/collaborative-divorce/do-you-need-a-divorce-second-opinion/

Collaborative Law in Medical Malpractice

https://familydiplomacy.com/blog/collaborative-divorce/video-collaborative-law-in-medical-malpractice/

Polyamorous Divorce in Tampa Bay

https://familydiplomacy.com/blog/lgbt-family-law-matters/polyamorous-divorce-in-tampa-bay/

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Cordover Provides Continuing Education at Tampa Accounting Firm

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Florida’s Department of Business & Professional Regulation Division of Certified Public Accounting requires CPAs to complete a certain amount of continuing education units to remain licensed.

On May 3, 2016, Family Diplomacy managing attorney Adam B. Cordover, alongside collaborative professionals Sonya Johnson and Monica Epstein, provided continuing education units for the accountants of Cohen & Grieb, P.A.  Cordover, Johnson, and Epstein gave a workshop on “Collaborative Family Law: The Smart Alternative to Courtroom Divorce.”

The workshop, held during National Small Business Week, focused on the effects that divorce can have on small businesses, and how collaborative family law can help ameliorate those effects.

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Client Review: Collaborative Divorce Handled Efficiently and with Kindness

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Family Diplomacy: A Collaborative Law Firm strives to serve its clients with compassion and respect.  Especially when clients are facing the most difficult times, we are there to serve as a reliable and constructive resource.

Avvo - Rate your Lawyer. Get Free Legal Advice.

A client on Avvo.com recently reviewed her collaborative divorce experience.  You can find the review after the jump.

Please note that each case is different, and you may not receive the same or similar results.

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Cordover Guest Speaker at Clearwater Bar Association Meeting

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On April 13, 2016, collaborative attorney Adam B. Cordover was a guest speaker at a meeting of the Clearwater Bar Association Family Law Section.  Cordover presented alongside Licensed Mental Health Counselor and Collaborative Facilitator Linda Peterman and Merrill Lynch Certified Financial Planner and Certified Divorce Financial Analyst Jim Spicer on “Collaborative Family Law – Offering A Cutting Edge Alternative to Courtroom Divorce.”

Collaborative divorce is a private form of alternative dispute resolution where the spouses and their attorneys work together to respectfully reach an agreement that is acceptable to both.  Rather than focus on the arguments of the past, collaborative attorneys coach their clients to focus on the future and on what is most important to them, such as the health and well-being of their children.

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Florida Trend Article Features Cordover and Collaborative Law

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The April 2016 edition of Florida Trend Magazine featured Family Diplomacy managing attorney Adam B. Cordover in an article on Collaborative Divorce.  The article, titled “Avoiding a Fracas with Collaborative Divorce” (subscription required), described benefits and drawbacks of collaborative practice for executives and business owners.

You can find excerpts from the article below:

Last July, five years after launching his practice, divorce attorney Adam Cordover decided he was finished going to court.  “I’d spent most of my career fighting in court for clients and had seen the devastating effects.  I’d seen clients literally go crazy,” says Cordover.  “I decided I no longer wanted to be part of it.”

https://en.wikipedia.org/wiki/Florida_Trend#/media/File:Florida_Trend_June_2012_Cover.jpg

https://en.wikipedia.org/wiki/Florida_Trend#/media/File:Florida_Trend_June_2012_Cover.jpg

He converted his firm to a litigation-free practice focused on what’s known as collaborative law.  In a collaborative divorce, a couple agrees to settle their differences outside the courtroom through negotiations.

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Tampa Tribune Publishes Cordover Letter on Collaborative Divorce

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The March 31, 2016 edition of the Tampa Tribune published a Letter to the Editor penned by Family Diplomacy Managing Attorney Adam B. Cordover on the newly signed Florida Collaborative Law Process Act (“CLPA”).  You can find the Letter to the Editor below:

LETTER OF THE DAY:  TAKING THE FIGHTING OUT OF DIVORCE

Recent bills passed by the Florida Legislature reforming alimony and changing child time-sharing laws have received a lot of attention, but something that has flown under the radar is the passage of the Collaborative Law Process Act (CLPA). Gov. Rick Scott signed the bill on March 24 after a seven-year effort by licensed mental health counselors, marriage and family therapists, psychologists and other family advocates.

 

The CLPA applies to divorce and other family law matters, and it creates a uniform system for the practice of collaborative law (also sometimes referred to as collaborative divorce, collaborative practice or the collaborative process).

The goal of collaborative law is to take the fighting out of divorce. Each spouse retains an attorney for the sole purpose of reaching an out-of-court agreement. Collaborative attorneys are barred from wasting any of the clients’ energy, time or money on opposition research, discovery motions or preparing for trial.

Collaborative law often involves a neutral facilitator with a mental health licensure. This is in recognition of the fact that divorce is not just a legal process, but it is predominately an emotional process. The facilitator helps parents learn to communicate and focus on what is most important to them, such as the health and welfare of their children.