We at Family Diplomacy are a Collaborative Law Firm serving clients virtually throughout Florida and with offices in Tampa, Saint Petersburg, and Sarasota. We get asked all of the time whether a divorce can even be Collaborative. This short video (about 3 minutes in length) attempts to answer that question.
You can find a transcript of the video below:
This course is intended for attorneys, mental health professionals, financial professionals, mediators, and others who believe there is a better way to help clients through difficult times. It will focus mainly on the One Coach/Neutral Facilitator/Neutral Mental Health Professional model of Collaborative Practice. As this training is not jurisdiction-specific, professionals around the world are welcome!
This training meets the International Academy of Collaborative Professionals’ Minimum Standards for Introductory Interdisciplinary Collaborative Practice Trainings and interim protocols permitting virtual trainings.
This is a virtual training that will take place 100% on Zoom.
September 6, 2023 12:00 – 4:00 PM*
September 13, 2023 12:00 – 4:00 PM*
September 20, 2023 12:00 – 4:00 PM*
September 27, 2023 12:00 – 4:00 PM*
*Please note all times are listed for Eastern time zone
Florida CLE credits available (and may be transferable to your jurisdiction).
This will be a virtual training and take place 100% on Zoom.
Divorce and family law matters are notorious for their adversarial nature, fostering an environment of conflict and animosity. However, there is a more humane alternative known as Collaborative Family Law or Collaborative Divorce. In this blog post, we will explore three points that make Collaborative Divorce a preferable option for many families in Florida.
One of the key advantages of Collaborative Divorce is the private and confidential nature of the process. Unlike traditional litigation, where personal matters are dissected in open court, Collaborative Divorce takes place in a private Zoom room or the private conference rooms of attorneys or other team members. This setting allows for open, honest, and transparent communication between the parties involved. By keeping discussions privileged and confidential, families can protect their privacy and avoid having intimate, personal details entered into the public record.
I am a huge proponent of the Collaborative Divorce process. It offers more privacy, more support, and less fighting than a traditional court-based divorce. But I think there is a misperception of the process because it has the term “Collaborative” in it. Collaborative does not mean easy. It is still divorce, and divorce is tough. This post explains Collaborative Divorce, provides a reality check on challenges, and also explains why everyone facing a family law issue should still look into it.
Collaborative Divorce (also known as Collaborative Family Law, Collaborative Practice, and the Collaborative Process) starts with a simple premise: your private family disputes should not be resolved in a public courthouse. But, still, you and your spouse should have access to separate, independent legal advice to help you make decisions in one of the toughest moments of your life that will affect the rest of your life.
So both you and your spouse have separate lawyers in a Collaborative Process. But unlike traditional attorneys, we Collaborative Lawyers focus solely on helping you reach an out-of-court agreement. This means that no time, energy, or money will be focused on gearing up for a court battle. The Collaborative Lawyers’ interests are aligned with your interests: If we help you reach an agreement, we succeed; if the lawyers cause unnecessary fighting and you are unable to reach an agreement, we get fired (this is known as the “Disqualification Clause“).
Fortunately, the vast majority of Collaborative Divorce matters come to a full resolution. In my experience, 90%+ of Collaborative matters have concluded with a full agreement in place. So though we can never guarantee that you and your spouse will reach an agreement, chances are that you will.
We have been hearing a lot about ChatGPT over the last few months. For those unaware, ChatGPT is a form of artificial intelligence that uses plain language to produce an answer to a prompt. According to a ChatGPT FAQ page, “These models were trained on vast amounts of data from the internet written by humans, including conversations, so the responses it provides may sound human-like. It is important to keep in mind that this is a direct result of the system’s design (i.e. maximizing the similarity between outputs and the dataset the models were trained on) and that such outputs may be inaccurate, untruthful, and otherwise misleading at times.”
So, does AI get Collaborative Divorce correct?
The way that the program works is that, in plain language, you ask a question or make a request, and it produces a response. For these purposes, I entered the following prompt: “Explain Collaborative Divorce in a blog post.” The first response provided 6 paragraphs of text. To simplify things, I refined my query, and I asked it to respond in 3 paragraphs.
Below is the result.
As a family law attorney who specializes in Collaborative Divorce and Family Law, I can confirm what research shows: Collaborative Divorce tends to be successful.
Collaborative Divorce is a private, non-adversarial form of dispute resolution where you and your spouse retain separate, specially trained lawyers who focus solely on helping you reach agreements that work for your family. Oftentimes, you will have the help of a Neutral Collaborative Facilitator who specializes in family dynamics, childhood development, and communication to help keep the process moving forward. You will also usually retain a Neutral Financial Professional who brings efficiency to the process and can help give both of you the information and tools you need to feel comfortable with whatever agreement you reach.
If a Collaborative Divorce does not result in an agreement, or you or your spouse wish to discontinue the process, then it Terminates. This means that both attorneys and all professionals must withdraw from your matter (in other words, they are “Disqualified”), and you can move on with successor litigation lawyers, if you wish.
As I mentioned earlier, Collaborative Divorce tends to be successful, and it is relatively rare for the process to Terminate. A study by the International Academy of Collaborative Professionals (“IACP”) found that 86% of cases ended in a full agreement, with an additional 2% ending in reconciliation between the spouses. Research by the Florida Academy of Collaborative Professionals has found similar results. In my personal practice, 90+% of my Collaborative matters have ended in a full agreement between the spouses. Of course, we cannot guarantee that your Collaborative Divorce will be successful; however, chances are that it will be.
There has been some questions in our local community as to who is Disqualified if a Collaborative Divorce Terminates. I recently wrote an article for The LAWYER Magazine, a publication of the Hillsborough County Bar Association, on the topic. You can find an excerpt below:
Here in Florida, the court systems have largely reopened, and even though we are facing a surge in the Delta variant of the Coronavirus, things in many ways feel like we have gotten back to normal. And yet, many people are still not comfortable having their most private details revealed in public divorce court battles or even meeting in person to resolve disputes outside of court. So is Online Collaborative Divorce still an option?
Fortunately, the answer is yes, you can still resolve divorce and other family law matters amicably and without leaving your home.
Traditionally, divorce has been an adversarial process, with lawyers making arguments in front of a judge about what his or her client should get. And yet, you are probably not looking to get in a prolonged battle with your spouse; rather, you are likely looking to move on with your life and ensure your kids do not get caught in the middle. This is why I specialize in Collaborative Divorce, which unbundles divorce negotiations from the adversarial court process. In effect, I am a resolution specialist.
Have you heard of Collaborative Divorce? If you are considering dissolving your marriage, it is an option to take control of your future and keep your private life outside of the public courtroom.
But how does Collaborative Divorce work?
In the video below from CBS Pittsburg, Collaborative Professionals Paula Hopkins and Marlene Boas explain the Collaborative Process.
You have worked hard for your reputation. The last thing that you need is for your personal details to become fodder for colleagues, competitors, or the public. But is there a more private way to go through divorce and protect your reputation?
There is. And it is called Collaborative Divorce.
In Collaborative Divorce, you and your spouse have separate lawyers. The lawyers are there solely for the purpose of helping you reach an out-of-court agreement. The lawyers cannot be used for fighting in court or engaging in media battles between you and your spouse.
