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
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The Good Lawyer, The Junkyard Dog, and Why Collaborative May Just Be Your Answer
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
The Collaborative Attorney’s Client Guide to Surviving the Holidays
1.) Create new traditions. One spouse is often more despondent about the breakup than the other. During the holidays, the impact of divorce for this spouse can feel a bit like a sledgehammer. He or she may lament the holiday family traditions that will be no longer. Beware of stepping into this pothole by actively creating new holiday traditions. Google “what to do over the holidays in … [Read more...] about The Collaborative Attorney’s Client Guide to Surviving the Holidays
The Gift of Collaboration
Whether a couple is in the throes of divorce proceedings or contemplating marriage dissolution, holiday months arrive as a potent reminder. Holidays can become occasion for some to look closer: at what they have, what they do not have, and what they stand to lose. If divorce is complicated—and that is usually an understatement—divorce that involves kids can be overwrought with emotional landmines. … [Read more...] about The Gift of Collaboration
Certification Key to Collaborative Success
A challenging aspect to the collaborative divorce practice is the lack of expertise displayed in numerous attorneys participating in collaborative cases. At this point, any family lawyer can decide to dabble: but if the collaborative case doesn’t settle, the ripple effect greatly damages the overall process. The probability of a case terminating because it cannot reach settlement directly … [Read more...] about Certification Key to Collaborative Success
Collaborative Process for Business, Too
Collaboration is gaining ground in legal areas aside from family law, and that’s heartening for all who seek a healthier, more successful method of dispute resolution. In the Sept-Oct issue of Dallas CEO Magazine, respected Dallas attorney John G. Browning writes about the benefits of Collaboration, offering an insightful and lucid discussion of the process. Noting that the Collaborative Law … [Read more...] about Collaborative Process for Business, Too
Improve Communications with Collaboration
Collaborative Divorce encourages open communication. It creates a chance to begin healing, by talking, with one another and the collaborative team. Granted, it’s ironic, since communication is often a primary area of stress in any marriage. But that’s why the Neutral Mental Health professional is so critical and productive in the Collaborative process. In many cases, the collaborative … [Read more...] about Improve Communications with Collaboration
Team Approach Provides Tangible Results
Collaborative Divorce is truly a team effort. Both spouses have their own Collaborative attorney, as well as counsel from neutral professionals in Mental Health and Financial Planning. Why is the whole team critical to success? Because divorce is more than a single legal transaction. It’s a whole-life change. That means divorcing couples need assistance with three significant needs: emotional, … [Read more...] about Team Approach Provides Tangible Results
Traditional Divorce & the Issues for Children
Psychological researchers stress the negative effects on children of contentious divorce. It’s no wonder that when parents engage in protracted litigation, the children can’t help but be emotionally disturbed by their parents’ fight. Children of traditional divorce experience these unhappy truths: 1. Parents forget their number one job–being a parent. They become preoccupied with their … [Read more...] about Traditional Divorce & the Issues for Children
Collaborative Law and the Affair
Affairs are one of the leading reasons sited for divorce. And while traditional divorce attorneys often tell clients that affairs are not appropriate cases for collaboration, the opposite is actually true. (In fact, a quick poll of the attorneys on this blog roll would confirm that most of their cases involve affairs.) Whether you’re the spouse who’s discovered the affair, or you’re the one who … [Read more...] about Collaborative Law and the Affair
The Substance Abusing Spouse & Collaboration
There are lots of lawyers who will tell clients it’s not possible to have a Collaborative Divorce with an active alcoholic or drug user spouse. And although such cases present special challenges, they’re also an opportunity to protect children and actually retain more control over outcomes than litigation produces. Here’s why – 1. Texas law mandates parenting time for with minimum … [Read more...] about The Substance Abusing Spouse & Collaboration
Collaborative Divorce – Let the Conversation Begin
Collaborative Divorce Dallas is a group of Dallas area attorneys and neutral professionals in the areas of Mental Health and Finance. Our goal is to help divorcing families avoid the financial and emotional expense of a painful, protracted public fight. We strive to keep life decisions where they belong – with our clients, not the courts. Collaborative divorce is different from traditional … [Read more...] about Collaborative Divorce – Let the Conversation Begin