Collaborative

Recently, while visiting a new court, I introduced myself as a Collaborative Lawyer. Someone said, “Isn’t that an oxymoron—'collaborative and lawyer?' ”

Well, there is good news ! Now, a growing number of Collaborative Lawyers practice in Ventura, Los Angeles, and other counties around the country and internationally...They are etching a new way of practicing law. Collaborative Lawyers are trained to help their clients settle the legal issues of divorce without going to court and without the painful acrimony and expense that often defines a “traditional divorce.”

A New Direction

On occasion, I have illustrated Collaborative Practice using a popular drawing toy as a metaphor ----You know the toy; it’s a square with a screen and two knobs to turn. When one knob turns, a vertical line is etched on the screen and when the other knob turns, a horizontal line is etched on the screen. Each side is limited-- only vertical and only horizontal, making progress in drawing the "big picture" slow, tedious, and even frustrating. But, when both knobs are turned at the same time, the line can finally be etched in new directions. More possibilities have opened up !

This reminds me of being “positional” in a family law case--that is, narrowly focused only on what is good for "number one," as opposed to being "collaborative," working together for the good of all.

More and more couples are putting their children in the "number one" spot...and moving forward to create the best future for their children and themselves, given the circumstances that they are going their separate ways. As in the case of the drawing toy….when both parties are participating and collaborating, more possibilities have opened up. When both parties are working together as a “team” in divorce, a new range of options can be developed to facilitate the reorganized family's future.

In Collaborative Law Divorce, both parties and their counsel are working together to resolve the issues. This results in solutions to help the family maximize its resources for the benefit of both the Husband and the Wife in their new lives. They are able to brainstorm and obtain results without the competition that accompanies a court battle.

The team approach is emphasized in Collaborative Law Divorce. Generally, at least one other professional in addition to the collaborative attorneys will be included in the “team.” They might use a communications coach, a parenting coordinator, an accountant, or another professional, depending upon the issues of the family.

All such Collaborative Professionals have also been trained in the Collaborative Practice. The auxiliary professional’s role is as neutral fact finder to assist in the process. They are not on one “side” or on the other.

The overall costs for auxiliary professionals tend to be much less than when such professionals are hired as “Experts” in a litigated case. One reason is that in Collaborative Law Divorce there is no need for the professional to produce a formal report for the court. And, since the parties jointly hire one professional, instead of “dueling experts” for court, the costs are cut in half. Further, everything that is considered in Collaborative Law Divorce is protected as confidential settlement materials and would not even be admissible in court, should the case later go to court.

Couples who proceed with a collaborative divorce do not become bogged down in the negativity of litigation. The process itself does not tarnish the successes of their marriage with a negative divorce. The couple can preserve their memories...the good things that took place during the marriage, as well as the opportunities to continue to be friends (the children’s graduations, weddings, and future grandchildren’s birthday parties, etc.) As one Ventura County judge noted, even after divorce, parents of children remain "joined at the hip" forever.

Recommended Reading

The Collaborative Way to Divorce

Ronald Ousky and Stu Webb

Hudson Street Press 2006

New York, NY

Collaborative Divorce

Pauline H. Tesler and Peggy Thompson

Harper Collins 2006

New York, NY