2. The Collaborative Approach is:
A way for attorneys to take on the role that they were
meant to assume when working with families in conflict,
as Counselors-at-Law, with everyone agreeing in writing
not to go to court.
3. • With a Collaborative
Practice divorce,
each adult hires a
Collaborative
Practice lawyer, who
protects & guides
each spouse.
• Spouses meet
privately with their
lawyers, as well as
together with each
other & their
lawyers.
The Collaborative Approach is:
4. The Collaborative Approach is:
• Additional experts, such as
divorce coaches & child &
financial specialists, may
join the process or are
perhaps the first
professional consulted.
• The shared professional
team is a valuable benefit as
they work together with
spouses, promoting good
decision-making in a time
of crisis, ultimately helping
to create a solid foundation
for the family’s future.
5. • Professionals committed to help couples resolve their
divorce as fairly & amicably as possible.
• All meetings are intended to promote honest exchange
of information & clear understanding about needs &
expectations, especially about the well-being of
children.
The Collaborative Approach is:
6. The Collaborative Approach is:
• Mutual problem-solving by all parties leads to the final
divorce agreement.
• Combined decades of experience & education of the
Collaborative Law team using this process, which
promotes resolution of divorce matters uniquely
tailored to family’s needs.
7. The Collaborative Approach is:
• About preserving family relationships.
• About managing disputes within families,
businesses, work settings & neighborhoods.
• About constructively addressing paternity cases &
prenuptial agreements.
• Not just about divorce but for all civil procedures.
8. The Collaborative Approach is:
• One of the best kept
secrets.
• When we do our work
well, no one outside the
process knows about it.
• The best kept secret is
that you do not have to
go bankrupt when you
divorce & it does not
have to hurt so much.
• A way of life.
9. Collaborative Law Principles:
• An agreement is signed
by spouses & their
lawyers to allow
parties to resolve issues
without court
appearances.
• An open exchange of
information by both
spouses is required.
• Goal is to determine a
maximum outcome &
possibilities that reflect
the most important
priorities for each
spouse & their
children.
10. The Benefits of Collaborative Approaches:
• Maintain control over
personal, private information.
• Eliminates the high cost of
courtroom litigation.
• Often reduces the time to
address legal issues.
- Each family’s situation
determines how quickly the
divorce process proceeds.
- Collaborative Practice can
be more direct & efficient.
11. • Reduces the time to address
legal issues.
- With focus on problem-
solving, instead of blame &
grievances, this process is
less antagonistic & more
respectful.
- Full disclosure & open
communications assure all
issues are addressed in a
timely manner.
- By settling out of court,
there is no wait for the
multiple court dates
necessary with conventional
divorce.
12. • Learn/develop/practice/acquire more effective
communication tools.
- Guiding principle of Collaborative Practice is respect.
- Respectful tone encourages all involved to be more
reasonable, understanding & cooperative.
13. • Learn/develop/practice/acquire more effective
communication tools.
- Collaborative professionals are trained in non-
confrontational negotiation, helping to keep discussions
productive.
- Goal of Collaborative Practice is building settlement
on areas of agreement, not perpetuating disagreement.
• Focus on problem solving, rather than faultfinding.
14. Why do family law professional peacemakers
conclude collaboration is the best way, when often
they make less money from each family served?
• Increased pride &
personal satisfaction in
what can be achieved
within a collaborative
system.
• Vicarious joy in
witnessing the
preservation of more
cordial family
relationships following
divorce.
15. • Children’s sense of well-being is fostered by parental
harmony.
• Children experience the healing aspects of collaborative
process, because it enables the family to remain
connected.
• Personal stress is decreased.
• The collaborative approach reduces the negativity
typically created by going to court. Thus, extended
family & significant others are not drawn into a dreadful
process.
16. The Cost of Adversarialism:
• Not just paid in dollars.
• Loss of productivity &
control of outcome.
• Length of time to
conclude.
• Protracted stress.
• Beginning of the
odyssey of conflict.
17. The Cost of Adversarialism:
• Who really profits from
protracted litigation?
• Resources are redirected
from the family to the
adversarial system.
• Enemies gained when there
is a face off in court.
• Expect judge to fix it? Judge
will chop resources in half
& create a mess.
18. The Cost of Adversarialism:
• Do you have an emotional budget?
• What about the performance factor?
• What’s your comfort level communicating personal
information in a stressful, public forum?
19. Why are those in the “public eye”
choosing an alternative to court-
processed divorce?
• March 1, 2013 -
Billionaire T. Boone
Pickens, energy
tycoon.
• A man who knows a
good deal when he
sees one.
• Used a collaborative
divorce approach in
his recent parting of
ways from his fourth
wife, Madeleine.
20. • “The collaborative approach saves both money &
emotional wear & tear on families.”
• “Collaborative law keeps everything on a high level, &
everybody cooperating.”
Pickens told Bill Heathcock, Staff Writer for the
Dallas Business Journal:
21. • Pickens is such a
believer in the process
that he gave the
Collaborative Law
Institute of Texas
$100,000.
• Pickens, famous for
saying “the first billion
is the hardest ,” said his
second divorce was the
toughest. He did not
use the collaborative
approach on that one.
22. • How much did Mr. Pickens tell Mr. Hethcock the
collaborative approach saved his family?
• “Money?...several million.”