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The Collaborative Process:
The Team
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As we have indicated the Collaborative Divorce Process is an interdiciplinary, team approach to conflict resolution. the team is comprised of the parties, the lawyers, the divorce coaches, and if needed a child specialist and/or a financial specialist.
The following section provides a brief review of the duties, responsiblities and expectations of each team member.
The Clients
Each party is expected to come to the process with honesty and integrity. They are expected to disclose honestly all information and documents. You
The Lawyers
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"If you know the point of
balance, You can settle the
details. If you can settle the
details, You can stop running
around. Your mind will become
calm. If your mind becomes
calm, You can think in front
of a tiger. If you can think
in front of a tiger, You
will surely succeed. "
Mencius (Mengzi Meng-Tse)
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The Collaborative Divorce Lawyer's role is to represent the best interests of his/her client while remaining committed to and focussed on the goal of the Collaborative Law process. This goal is to achieve a fair and equitable negotiated settlement. Rather than the lawyers being adversaries they are collaborators in assisting their clients in the Collaborative Process.
Once both of you have made the decision to act Collaboratively you each will be asked to sign a contact with your own lawyer agreeing that you will negotiate in good faith; that you will disclose honestly all relevant documents; that you will not disclose any information you gain access to through this process (except for matters required to be disclosed by law); and that in the event this process fails you will be required to hire a new lawyer to proceed with the litigation.
Each lawyer will also sign this participation agreement agreeing that he will not represent you in the event that you decide to proceed with litigation. Both parties will also agree not to institute any court proceedings while the Collaborative Separation and Divorce Process is underway. If any court process has begun both parties agree to put it on hold during the Collaborative Process.
Divorce Coaches
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"Be such a man,
and live such a life,
that if every man were
such as you, and every
life like yours, this
earth would be a
God's Paradise."
Phillips Brooks
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Both parties MAY also hire their own divorce coach who will work with them and meet with them as required to assist them through what can be the very trying process of separating from an intimate relationship. This coach will not be involved in therapy but will act much in the same manner as a sports coach in assisting you though difficult aspects of the separation.
You each will be asked to sign a participation agreement with your divorce coach in which you also agree that in the event of future litigation neither coach will be called upon to testify in that litigation.
Child Specialist
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"Forgiveness is the fragrance
the violet sheds on the heel
that has crushed it."
Mark Twain
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If there are children involved and you both decide it is in their best interests, you will hire a child specialist whose role will be to represent the children in this Collaborative Divorce Process. In many cases children either feel responsible for the separation of their parents or feel that they should not deal openly with their emotions about the separation but hold their feelings inside. It is often of assistance for them to have a third party with whom they can speak and who will speak for them in the Process.
Financial Specialist
If it is warranted a single financial specialist will be hired to advise the team about the financial issues involved in the separation. The role of the financial specialist in the Collaborative Divorce process is to work with the couple to provide ongoing budgetary and fiancial advice; to assist in the gathering of relevant financial documents; and to assist in the interpretation of those financial documents.
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