A recent article in the Texas Paralegal Journal, by Austin attorney Hillery Kaplan, entitled, “The Pitfalls of Kitchen Table Divorce.”, starts a good conversation about this issue. And it’s a good read for someone who’s contemplating negotiating divorce terms with his or her spouse directly, rather than going to court or looking at an alternative form of dispute resolution--like Collaborative … [Read more...] about Is a “Kitchen Table” Divorce a Good Idea?
Collaborative divorce has at its roots the idea of interest-based negotiation. Robert Fisher’s foundational book from 1981, Getting to Yes, sets forth the idea of what he termed “principled negotiation.” The idea is, when a person knows what is a fixed need and what is a flexible need, he or she can enter a negotiation with a clear frame of reference as to what is absolutely necessary, or … [Read more...] about Why Interest-Based Negotiations are a Cornerstone to Collaboration
After thirty plus years of experience—former family law judge, current family law attorney—my grasp of what it means to be a “good lawyer” has evolved. Being a good lawyer can be tricky. In divorce law, in particular, the definition of “good” deserves scrutiny. Emotionally, financially, and legally, divorce is scary. Many clients make life-altering decisions from an unconscious place of fear: … [Read more...] about The Good Lawyer, The Junkyard Dog, and Why Collaborative May Just Be Your Answer