Page 3 - Alternative Dispute Resolution

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Alternative Dispute Resolution | MONDAY, MARCH 20, 2017 | S3
porates a “team” of experts to provide spe- cialized assistance to the family.
There are many advantages to collabora- tive law. These include the following:
Client-Driven Negotiations
Collaborative practice shifts the focus from attorney-driven negotiations to client-driven negotiations. With the counsel and assistance from attorneys, the parties are in control of how their parental and financial relationship will be restructured in a completely private setting. Attorneys acting within the collabora- tive paradigm support and facilitate “interest- based” bargaining between the parties. This approach encourages a focus on the needs of the children and looks to expand the “financial pie” so that individual loss is minimized and mutual gain is maximized. Logically, parties who are active participants in the decision- making process regarding how to restructure their financial and parenting relationships are far more likely to satisfy their obligations than are those who have had a judicial determi- nation of how to restructure imposed upon them. Clients are also more satisfied with the results, which is beneficial to the attorney’s business bottom-line.
Privacy
Another key benefit of the collaborative process is the preservation of privacy, which is often paramount in the mind of privately
held business owners. In litigated divorce cases involving closely held businesses, a forensic valuation of the business is typi- cally performed by a professional assigned by the court to act in the capacity of a “neu- tral” expert. Quite often neither party will be satisfied with the results of the neutral’s report and one or both may opt to hire inde- pendent experts in the hope of receiving a
Collaborative practice shifts the focus from attorney-driven negotiations to client-driven negotiations.
more favorable result. Not only is the cost of the valuation process and ensuing trial often financially devastating to the parties, but the complete invasion of privacy may lead to the discovery of issues that render the parties vulnerable to legal liability on ancil- lary issues. In the collaborative process, all financial discovery provided and informa- tion gathered in the valuation of a business remains private, affording business owners the obvious benefit of removing the angst of potential liability concerns.
Emotional Guidance
In every divorce there are naturally occur- ring feelings of fear, anger, sadness, and ven-
geance. Our legal system has limited tools to deal with these emotions and as a result they are ignored, stifled or worse yet, punished, which only serves to inflame them. More often than not it is the parties’ inability to properly process their strong emotions that serves to impede the progress of the case. The collaborative process provides a safe and supportive environment where the feel- ings and behaviors naturally attendant to the process of divorce are expected, considered a normal part of the process and handled appropriately by professionals specifically trained to do so. With the assistance of a mental health professional acting in the role of a “coach,” collaborative practice allows for the normalization of the parties’ emotions and empowers them to move through the stages of grief in a satisfying manner that fosters healing and closure. The services provided by a mental health professional are invalu- able when it comes to crafting custodial and parental access schedules. When emotions are given their due, new avenues of communi- cation open up and a positive agreement built on respect and mutual satisfaction can ensue.
Financial Expertise
In many divorce matters, the financial pic- ture is complex and the services of a Certi- fied Financial Planner are required. In these instances, the appropriate collaboratively trained financial expert comes to the table and offers assistance in formulating new
budgets and navigating towards financially sound solutions, thereby serving the interests of both parties. Overall, in the collaborative process, clients have at their disposal a highly qualified interdisciplinary team to help them think outside of the box and find creative solutions that serve to restructure their family in the least emotionally damaging and most cost efficient manner possible.
The collaborative process offers an alter- native answer to a growing dissatisfaction experienced by both the public and the pro- fessionals who toil in this area of the law. Through use of the collaborative process, the divorce professional and the client experi- ence is impacted in a positive manner across the board. Not only is there a sense of self- efficacy, as well as the preservation of dignity, respect and privacy among divorcing couples, but there is also a re-awakening of the prac- titioner’s positive intentions to be of service and to help people through one of life’s most painful experiences. By encouraging the selec- tion of the collaborative process much pres- sure will be taken off of the system’s limited resources and judges may focus their energies on performing their intended function in those cases that require a proclamation of a winner and a loser. Proper allocation of cases into the three existing process options of litiga- tion, mediation and collaborative practice is the starting point for resolving many of the problems that plague our judicial system and undermine society’s foundation of family as they relate to the issue of divorce.