Have you heard about Collaborative Divorce? If you are looking for an alternative to the divorce court battles that have plagued Florida’s families, this form of private dispute resolution should be on your list to research.
This short video (less than 3 minutes) lays out the basics of Collaborative Divorce, and you can also find a transcript below:
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.
What would it feel like to help clients divorce peacefully, privately, and with dignity? Wouldn’t it be great to consistently work with professionals whom you know, trust, like, and respect? Learn how to offer Collaborative services and get involved in your Collaborative Law community in this highly engaging Virtual Introductory Interdisciplinary Collaborative Family Law training.
Register here: https://mycollaborativeteam.com/webinars/
This course is intended for lawyers, mental health professionals, financial professionals, mediators, and others who believe there is a better way to help clients through difficult times. The course will mainly focus on the One Coach/Neutral Facilitator Model of Collaborative Practice. This training is not jurisdiction specific, and professionals from all locales are welcome to attend.
Training Dates: August 24, August 26, August 31, and September 2
Training Times: 1:00pm – 5:00 pm Eastern Time/10:00am – 2:00pm Pacific Time each day
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.
When you think of divorce, you probably think of court battles. War of the Roses or Kramer vs. Kramer may come to mind. Just the thought of your entire life being scrutinized and laid bare in a public courtroom is probably enough to send shivers down your spine.
But you may have heard of an alternative: “Collaborative Divorce.” What exactly is it, and can divorce even be “Collaborative?”
Collaborative Divorce starts with a simple idea: your family doesn’t belong in court. You are likely not looking to make an enemy out of your spouse; you probably just want to move on with your life without harming your children (if any).
And so in Collaborative Divorce, you and your spouse have your own separate, independent attorneys to counsel each of you. But the attorneys are there solely for the purpose of helping you reach an out-of-court agreement. Your Collaborative Lawyers are prohibited from fighting in court on your behalves. This means that no time, money, or energy is spent on you and your spouse trying to tear one another apart for the purposes of preparing for trial.
Your attorneys’ jobs are to help you find a resolution that works for your family.
Collaborative Divorce is a form of private dispute resolution where you and your spouse agree to use your attorneys solely for the purpose of reaching an out-of-court agreement. Collaborative Divorce is not for everyone. Though Collaborative Divorce has worked for thousands of families around the world, it may not be the right process for you.
This article explores whether Collaborative Divorce may not be right for you.
You may want your “Day in Court.” You may feel that, if only you could get in front of a judge, he or she would, of course, see the heroism innate in your positions and the dastardly deeds committed by your spouse.
What most litigants do not realize is that it can take months, or even years, to get in front of a judge to make final decisions regarding your divorce. And that time in front of a judge can be quite limited, meaning you will only be able to tell the judge a small part of your marital story. And it is up to the judge to determine which parts are relevant. Last year, I created the following video to demonstrate this dilemma:
In Collaborative Divorce, judges do not decide outcomes. You and your spouse decide outcomes. The only time you go in front of a judge is when you and your spouse have already reached an agreement.
So, if you want your “Day in Court,” Collaborative Divorce may not be right for you.
