Tag Archive for: collaborative mental health professional

Collaborative Divorce Is Not Right For You If…

Collaborative divorce is not for everyone.  Sure, most families going through divorce would benefit from the private, secure, and non-adversarial nature of the collaborative process.  However, it may not be right for you if certain things are important to you.

Collaborative divorce is not right for you if…

You are seeking revenge

If you are seeking revenge, collaborative divorce is not right for you.  The collaborative process will not satisfy your need to see your spouse suffer.  This is because, at the beginning of the case, everyone signs a collaborative participation agreement in which the spouses agree to engage in good faith discussions to reach a resolution.  Each spouse has his or her own attorney, and the attorneys are there solely to help the clients reach an agreement.  The attorneys cannot be used for opposition research, lengthy motion practice, or accusatory litigation.

Picture for representational purposeHowever, the attorneys are also there to safeguard the process.  If an attorney believes that his or her client is no longer acting in good faith, or is only attempting to damage the other spouse, the attorney may have the right to terminate the process.  This shuts down behavior meant to harass the other spouse.  If the attorney believes his or her client can put the need for revenge aside, the collaborative process may continue.  If not, the collaborative attorney has a duty to ensure that the process is not being used as a tool for vengeance.

Further, the collaborative process generally involves a neutral facilitator, with a background in communication, childhood development, and family and power dynamics.  The facilitator helps keep conversations productive and forward-focused rather than centered on past grievances.  The facilitator is also there to address power imbalances and shortcut vengeful actions and communications.

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How Often Do Collaborative Divorces Terminate?

Good, you have decided that if you are going to divorce, you are going to do it collaboratively.  This means that you and your spouse will each have your own attorneys, but the attorneys are not there to fight.  You hire the attorneys to help reach an out-of-court agreement so you can move on with your lives.

But you may also know that either spouse at any time can decide they no longer want to participate in the collaborative divorce, causing it to terminate.  All professionals are automatically fired.  The spouses then proceed as “opposing parties” in the traditional divorce court route.

The possibility of losing your attorney is a scary notion.  So, you may be wondering to yourself, how often do collaborative divorces terminate?

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Pensacola Introductory & Advanced Collaborative Training November 2-4

Did you know that there was a major change to Chapter 61 of the Florida Statutes regarding Collaborative Family Law?  Are you confident that you can competently abide by Florida’s new Collaborative Law Rule of Professional Conduct and Rule of Procedure?  Or do you just want to learn how to help people divorce in a less stressful, more respectful, and child-centered manner?

Attorneys, mental health professionals, financial professionals, mediators, and others are welcomed to Pensacola for an Introductory and Advanced training on Interdisciplinary Collaborative Family Law!

CLICK HERE TO REGISTER NOW!

What/When:  

  • Introductory Interdisciplinary Collaborative Training – November 2-3, 2017
  • Enrolling the Collaborative Case Advanced Training – November 4, 2017

Where:  Pensacola, Florida

Cost:

  • $500 for 2-Day Introductory Training
  • $200 for Advanced Training (Enrolling the Collaborative Case)
  • Discounted rate of $650 for all 3 days

Host:  West Florida Collaborative Law, Inc.

Trainers:  Tampa Bay Collaborative Trainers

Learn more: Contact John Susko, Esq. at john@susko-collab-med.com OR Joshua Jones, Esq., at jjones@westfloridacollaborativelaw.com

CLICK HERE TO REGISTER NOW!

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Collaborative Divorce in Tampa Bay

What Is Next Generation Divorce?

If you have done internet searches for collaborative divorce in Tampa Bay or Greater Sarasota, you have likely come across the website for Next Generation Divorce (you can find the link here).  Next Generation Divorce has many members who are family law attorneys, but it is not a law firm.  It has members who are psychologists, licensed mental health counselors, marriage and family therapists, and social workers, but it is not a therapy-related organization.  And it has members who are financial planners and C.P.A.’s, but it is not a financial planning or accounting firm.

Next Generation Divorce

Member of Next Generation Divorce

So what is Next Generation Divorce?

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Financial Advisers Learn About Collaborative Divorce

Financial advisers are tasked with protecting their clients’ wealth.  And financial advisers want to help clients going through divorce make smart decisions and preserve their assets.  On December 8, 2016, the professionals and staff of the Sabal Trust Company in St. Petersburg, Florida, learned how collaborative divorce can safeguard their clients’ wealth, time, and privacy.

Discussing Collaborative Divorce

Sarah Hoerber, Tanya O’Connor, and Adam B. Cordover at Sabal Trust Company

Sabal Trust is the largest employee-owned trust company in Florida, and its Principals and staff are invested in creating a strategic approach to its clients financial security and growth. That is why they invited Family Diplomacy managing attorney Adam B. Cordover along with forensic accountant Sarah Hoerber and Brandon attorney Tanya O’Connor to discuss collaborative divorce.

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Cordover Guest Speaker at Clearwater Bar Association Meeting

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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Tampa Tribune Publishes Cordover Letter on Collaborative Divorce

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.

Governor Scott Signs Florida Collaborative Divorce Bill Into Law

On March 24, 2016, Florida Governor Rick Scott signed HB 967, the “Collaborative Law Process Act,” making Florida the 14th state to have Collaborative Divorce codified in its laws.

Collaborative Divorce is a private form of dispute resolution where the parties agree from the outset to settle all matters outside of court.  Each party has his or her own attorney, and the attorneys are there solely to help the parties reach an agreement that is tailored for that family.  The attorneys are forbidden from engaging in opposition research or preparing for costly trials.

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Florida Academy of Collaborative Professionals

Collaborative practice is a form of private dispute resolution where parties and their attorneys agree that they will focus all of their time, energy, and money on reaching an agreement.  Oftentimes, experts in the realm of accounting, finances, and relationships are brought in to help the parties.

Collaborative practice has mainly been used in the area of divorce and family law as an alternative to public courtroom fights.  What is less well known is that it is also being used in the civil law arena to resolve wills, trusts, and guardianship disputes, insurance and malpractice matters, and business dissolutions.

Florida Academy of Collaborative Professionals

In recognition of the growing role of collaborative practice in civil areas, in 2015 the Collaborative Family Law Council of Florida, a statewide umbrella group with over 450 members, changed its name to the Florida Academy of Collaborative Professionals (“FACP”).  The FACP also recently unveiled its newly redesigned website, which is accessible at http://www.collaborativepracticeflorida.com/.

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Family Diplomacy Proud Sponsor of WUSF / NPR

Family Diplomacy: A Collaborative Law Firm is now a proud sponsor of WUSF, Tampa Bay’s local National Public Radio (“NPR”) partner.

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You may periodically hear on NPR that “Family Diplomacy: A Collaborative Law Firm reminds you that divorce need not be destructive.  More information about collaborative divorce can be found at (813) 443-0615 or FamilyDiplomacy.com.”

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