Collaborative Divorce Practice: A Summary in Bullet Points From a Marietta Collaborative Divorce Lawyer

CP-EduBrochure-pg1-SM

As a Marietta and Atlanta Georgia collaborative divorce lawyer, I often need to explain succinctly the features and benefits of collaborative divorce versus mediation or litigation. The following is a quick, bullet-point summary of those features and benefits:

________________________________________________

What is collaborative practice?
Collaborative Practice is a new option for divorcing couples to resolve disputes respectfully
and equitably without going to court.

The goal of collaborative practice is to help divorcing and separating couples to focus on
their most important goals, especially children, throughout the divorce process. The end
result is a more efficient, targeted and productive way to resolve disputes.

What distinguishes collaborative practice from other methods of divorce?
Collaborative Practice promotes respect and keeps spouses in control of the process, not
judges.

It addresses each couple’s unique concerns, as opposed to litigation which is driven by the
general rule of law meant to apply to all.

Because clients agree not to go to court, the process is more open and less adversarial. The
goal is to enhance communication throughout the process and lay the foundation for a
healthier relationship after the divorce.

What is the biggest difference between collaborative practice and litigation?*

Control
In collaborative, you and your spouse agree not to go to court. This gives you and your spouse
control of the process and outcome versus litigation, where a judge makes the final decision.

Collaboration
Instead of the win-lose court setting, the entire collaborative team ensures that both spouses
work with each other, not against each other, towards mutually beneficial solutions for
critical issues.

Communication
One barrier in litigation is a lack of effective communication between spouses. In the collaborative
process, spouses learn a framework for effectively communicating their concerns
and goals.

 

What is the biggest difference between collaborative practice and mediation?*

Personalized counsel
Both you and your spouse are represented by your attorney throughout the entire process.

Team approach
the entire collaborative law team is there to help facilitate communication between the
spouses, working towards the best possible solution for all and making sure all issues are
addressed.

How does it work?

• Utilizes specialists who leverage their areas of expertise to address children’s needs and
the emotional and financial aspects of divorce
• Creates a safe environment for both parties without the threat of court
• Provides a structure for communication that considers each person’s needs
• Shares information that allows good decisions to be made
• Focuses on a creative and respectful approach that helps clients reach a mutually agreeable
settlement.

Who is Collaborative Practice for?

• People going through a divorce who want a civilized, respectful resolution of the issues
and are willing to focus on solutions rather than on blame or revenge
• People who want to maintain a productive working relationship with their (ex) spouses
• People who will be co-parenting and want to keep children’s interests at the forefront,
i.e. protecting children from the negative impact associated with bitter litigation
• People who want to control decision-making over child-rearing and/or financial
arrangements rather that turning it over to a stranger (judge)
• People who place as much or more value on the relationship that will exist in the
restructured family as on obtaining maximum resources
• People who value privacy.

 

What are the benefits of Collaborative Practice?

Better for children
• Gives children a voice in the process, alleviating the potential of future trauma that
sometimes persists for generations

Private
• Keeps problems and assets private
Less stressful
• Improves communication between parties
• Keeps control of process with the spouses
• Promotes respect and healthier long-term communications

Focus on the future

Saves time
• The process is more efficient, productive and targeted because of the unique structure of
the collaborative team

Learning Effective Communication Skills
• Communication skills acquired during collaborative process may have positive applications
outside divorce.

SOURCE: International Association of Collaborative Professionals

 

________________________________________________

If you are considering divorce and especially if you have children together, I urge you to consider a different (and better) way to divorce. Call us at 770-425-6060 and learn how a team of skilled professionals can help manage the many aspects of divorce — the legal issues, the emotional turmoil, the concerns for the children, and the financial and property questions. It’s a process that encourages mutual respect, emphasizes the needs of the children, keeps the control of the process with the individuals, utilizes a problem-solving approach, and identifies and addresses the interests and concerns of all.

 

Collaborative Divorce Practice: A Summary in Bullet Points From an Atlanta Collaborative Divorce Lawyer

CP-EduBrochure-pg1-SM

As a Marietta and Atlanta Georgia collaborative divorce lawyer, I often need to explain succinctly the features and benefits of collaborative divorce versus mediation or litigation. The following is a quick, bullet-point summary of those features and benefits:

________________________________________________

What is collaborative practice?
Collaborative Practice is a new option for divorcing couples to resolve disputes respectfully
and equitably without going to court.

The goal of collaborative practice is to help divorcing and separating couples to focus on
their most important goals, especially children, throughout the divorce process. The end
result is a more efficient, targeted and productive way to resolve disputes.

What distinguishes collaborative practice from other methods of divorce?
Collaborative Practice promotes respect and keeps spouses in control of the process, not
judges.

It addresses each couple’s unique concerns, as opposed to litigation which is driven by the
general rule of law meant to apply to all.

Because clients agree not to go to court, the process is more open and less adversarial. The
goal is to enhance communication throughout the process and lay the foundation for a
healthier relationship after the divorce.

What is the biggest difference between collaborative practice and litigation?*

Control
In collaborative, you and your spouse agree not to go to court. This gives you and your spouse
control of the process and outcome versus litigation, where a judge makes the final decision.

Collaboration
Instead of the win-lose court setting, the entire collaborative team ensures that both spouses
work with each other, not against each other, towards mutually beneficial solutions for
critical issues.

Communication
One barrier in litigation is a lack of effective communication between spouses. In the collaborative
process, spouses learn a framework for effectively communicating their concerns
and goals.

 

What is the biggest difference between collaborative practice and mediation?*

Personalized counsel
Both you and your spouse are represented by your attorney throughout the entire process.

Team approach
the entire collaborative law team is there to help facilitate communication between the
spouses, working towards the best possible solution for all and making sure all issues are
addressed.

How does it work?

• Utilizes specialists who leverage their areas of expertise to address children’s needs and
the emotional and financial aspects of divorce
• Creates a safe environment for both parties without the threat of court
• Provides a structure for communication that considers each person’s needs
• Shares information that allows good decisions to be made
• Focuses on a creative and respectful approach that helps clients reach a mutually agreeable
settlement.

Who is Collaborative Practice for?

• People going through a divorce who want a civilized, respectful resolution of the issues
and are willing to focus on solutions rather than on blame or revenge
• People who want to maintain a productive working relationship with their (ex) spouses
• People who will be co-parenting and want to keep children’s interests at the forefront,
i.e. protecting children from the negative impact associated with bitter litigation
• People who want to control decision-making over child-rearing and/or financial
arrangements rather that turning it over to a stranger (judge)
• People who place as much or more value on the relationship that will exist in the
restructured family as on obtaining maximum resources
• People who value privacy.

 

What are the benefits of Collaborative Practice?

Better for children
• Gives children a voice in the process, alleviating the potential of future trauma that
sometimes persists for generations

Private
• Keeps problems and assets private
Less stressful
• Improves communication between parties
• Keeps control of process with the spouses
• Promotes respect and healthier long-term communications

Focus on the future

Saves time
• The process is more efficient, productive and targeted because of the unique structure of
the collaborative team

Learning Effective Communication Skills
• Communication skills acquired during collaborative process may have positive applications
outside divorce.

SOURCE: International Association of Collaborative Professionals

 

________________________________________________

If you are considering divorce and especially if you have children together, I urge you to consider a different (and better) way to divorce. Call us at 770-425-6060 and learn how a team of skilled professionals can help manage the many aspects of divorce — the legal issues, the emotional turmoil, the concerns for the children, and the financial and property questions. It’s a process that encourages mutual respect, emphasizes the needs of the children, keeps the control of the process with the individuals, utilizes a problem-solving approach, and identifies and addresses the interests and concerns of all.

 

Who is a Good Candidate for Collaborative Law?

As you may know, Collaborative Law is a process for resolving legal disputes without going to court, except to have an agreement approved by a court. Parties engage in a series of relatively short meetings where they identify their goals, assess the facts of the case, brainstorm to generate options to solve problems, evaluate the suitability of the various options and then create or select the best means to achieve the goals for each of the parties. Neutral experts are often brought in in [Georgia] Collaborative Law cases, as needed, for specific functions. If the process breaks down, the parties must retain different attorneys to go to court with them.

Collaborative Law is a voluntary choice at the outset and the parties can opt out at any time, but it works about 93-95% of the time because, for most cases, it can result in more creative, customized and peaceful solutions than traditional litigation. While it may seem counterintuitive, many people are able to be open, honest and cooperative even in difficult cases that involve issues such as custody, extra-marital relationships, unique possession schedules and substantial and complex property issues.

(more…)

It’s over – but let’s be friends

Collaborative divorce lets exes-to-be work out details together.

A divorce reached through collaboration might sound odd for couples headed toward Splitsville. Same goes for their attorneys, who make serious dough when breakups are drawn-out and dirty.

Yet 25 bay area lawyers and a growing number of their clients have embraced "collaborative divorce," a process that restores the give-and-take lost somewhere after "I do."

"What’s left after the massacre?" Tampa marital law attorney Nancy Harris said of traditional divorce. "It feels better to win with this process."

Traditional divorces don’t always go to trial. Many go to mediation, where an arbitrator stays neutral while everyone else takes sides.

The collaborative concept puts participants on the same team. Spouses and attorneys come together with mental health and financial experts read: no judges for meetings. Before each meeting, they agree on an agenda focused on child support, asset division and alimony.

They go to the courthouse only when it’s time for a judge to sign off on the final settlement.

(more…)