Collaborative family law allows the parties to reach a mutually beneficial resolution of their family law issues without going to court. If children are involved, the parties can build the foundation for future communication through non-adversarial negotiation. Sometimes a team approach is used so where custody is an issue, the parties meet with a neutral mental health professional trained in child development. The child specialist meets with the parties, possibly with the children, and assists the parties in working up a parenting plan. On occasion, parties have another one or two mental health professionals who act as coaches to assist the parties in reframing their communication to eliminate the blaming, shaming, and finger pointing into which many divorcing parties can lapse.
In the collaborative process, both parties and their attorneys commit to full disclosure and mutual cooperation in gathering information necessary to determine the marital property and the income and expenses of the parties. If necessary, a neutral financial specialist, usually a certified public accountant or certified financial planner, assists the parties in gathering and preparing the financial information for presentation to the attorneys so the time of the attorneys is focused primarily on legal issues. The financial specialist can also assist each party individually so if one party is not as familiar with the family finances as the other, that party can be brought up to speed in a comfortable way. The financial specialist can attend meetings with the clients and attorneys to assist them in analyzing the financial information to determine levels of support and possible alternative property divisions. With the use of a neutral financial specialist, the parties avoid dueling accountants and the warfare of litigation.
If the parties and their attorneys elect the collaborative process, a written agreement, called a stipulation, is entered into and filed with the court. The attorneys for both parties agree to assist their clients in resolving conflict and reaching agreement using cooperative strategies, rather than adversarial techniques and litigation. If, for any reason, the parties stop the collaborative process and seek court determination, both attorneys resign and the attorneys and all of the experts (child specialist, coaches, or financial specialist) are disqualified from participating in any subsequent adversarial proceedings.
Collaborative family process offers the parties the ability to keep their discussions private; the ability to communicate more effectively about their concerns and goals; and the ability to use a wider range of options than might be available if the parties went to court. The parties also learn to work cooperatively during and after the process. Collaborative family process discourages the often destructive and divisive war created by litigation. The goal is to approach conflicts so that parties are not immediately polarized against each other, triggering denials and defenses.
California has recognized collaborative family process as an alternative dispute resolution method. California Family Code Section 2013 permits parties to bypass adversary judicial intervention. Los Angeles County Local Court rules allow parties to designate a case as collaborative provided a Stipulation is filed with the court, notifying the court of the parties? election.
The Los Angeles Collaborative Family Law Association (LACFLA) trains and certifies attorneys, mental health professionals and financial experts so by selecting a member of LACFLA, both parties are assured that his/her attorney can effectively assist in the collaborative process. There is also a statewide organization, Collaborative Practice in California and an international organization, the International Academy of Collaborative Professionals, who are committed to training attorneys and others in the collaborative process and maintaining minimum standards for professionals seeking to portray themselves as collaborative professionals.
Children most certainly benefit from their parents commitment to collaborative process. Their future well being is enhanced because the parents learn cooperation. If the collaborative process fails, the parties may still litigate. However, once parties learn better communication skills, there is less incentive to waste time in court.
LINDA'S COLLABORATIVE LAW TRAINING
"Celebration II: Communicating the Collaborative Message," Collaborative Practice: California, Pasadena, CA, May 4-6, 2007
"Two Day Experiential Training" - Los Angeles Collaborative Family Law Association, Pasadena, CA, May 3 - 4, 2007
"Taking Collaborative Practice to the Next Level: The Care and Feeding Of A Revolution," International Academy of Collaborative Professionals, San Diego, CA, October 13-15, 2006
"Making Waves, Breaking Barriers" - Association for Conflict Resolution Family Section Mid Year Meeting, Cape Code, MA, July 13-16, 2006
"The Client's Perspective On The Collaborative Process" - Los Angeles Collaborative Family Law Association, Los Angeles, CA, July 12, 2006
"Family Systems 101," Los Angeles Collaborative Family Law Association, Los Angeles, CA, June 14, 2006
"Going Deeper - Beyond the Paradigm Shift" - Los Angeles Collaborative Family Law Association, Los Angeles, CA, April 29, 2006
"Celebration I: Collaborative Practice," Collaborative Practice, California, Sonoma, CA, March 17-19, 2006
"The Coming of Age of Collaborative Practice," International Academy of Collaborative Professionals, Atlanta, Georgia October 28-30, 2005
"Settlement Solutions," Los Angeles Collaborative Family Law Association, May 18, 2005
"Acting Techniques For The Collaborative Process" - Los Angeles Collaborative Family Law Association, May 11, 2005
"Collaborative Law Interdisciplinary Training" - Los Angeles Collaborative Family Law Association, April 8-9, 2005
"Interest Based Negotiations" - Los Angeles Collaborative Family Law Association, January 12, 2005
"Fundamentals of Collaborative Practice" - Silicon Valley Collaborative Practice Group, San Jose, CA, November 5 & 6, 2004
"Grow Your Collaborative Practice" - Los Angeles Collaborative Family Law Association, October 16, 2004
"Interest Based Negotiations" - Los Angeles Collaborative Family Law Association, October 13, 2004
"Case Conferencing Intro & Demo" - Los Angeles Collaborative Family Law Association, June 6, 2004
"Nonviolent Communication" - Marshall Rosenberg, Santa Barbara, CA, May 1-2, 2004
"Collaborative Case Overview" - Los Angeles Collaborative Family Law Association, April 14, 2004
"Collaborative Pre-Marital Agreements" - Los Angeles Collaborative Family Law Association, February 11, 2004
"Professional Boundaries I Collaborative Cases" - Los Angeles Collaborative Family Law Association, December 10, 2003
"Negotiation Strategies" - Los Angeles Collaborative Family Law Association, November 12, 2003
"Moving Beyond Argument Into Dialogue" - Los Angeles Collaborative Family Law Association, October 9, 2003
"The Impossible Couple (fighting for the sake of fighting?)" Los Angeles Collaborative Family Law Association, September 25, 2003
Collaborative Divorce Training, San Diego, CA, September 4-6, 2003