|
|
|
|
Introduction:
Development of the Process
|
|
If you wish a more detailed description of this Process you may go directly to the Collaborative Process: The Theory. Or read ahead for a brief explanation of Collaborative Divorce, its development and style.
Once you consider that it may be possible to meet both your own needs and also to satisfy the needs of the person with whom you are in conflict the process begins.
Collaborative Law Beginnings
|
"Everything you need
you already have."
Wayne Dyer
|
This process began in Minneapolis Minnesota when a lawyer called Stuart Webb noticed that the way his profession had trained him to respond to conflict was taking a toll on his health and also seemed to be causing harm to his clients. He decided that there must be a better way to practice family law and soon discovered that other lawyers felt the same way. They formed a group and began to practice law collaboratively. Very soon they discovered that not only did they now enjoy the practice of law more, their clients were also much happier with their experience with the legal system.
Divorce Coaches: The Process Develops
The process was picked up by a number of groups in California who expanded on it. They noticed that during a divorce and separation people often became very emotional; because of their hurt and sense of betrayal they were unable to deal effectively with the divorce process. To alleviate this problem they initiated the intervention of "divorce coaches" to help the individuals deal with the emotional issues arising out of the Divorce.
Child Specialists
|
"Even a minor event
in the life of a child
is an event of that
child's world and
thus a world event."
Gaston Bachelard
|
Soon it was noticed that frequently children were the forgotten members of the equation. Often even very young children feel responsible for their parents' separation.
Others, being very aware of the stress their parents are under hide their feelings and fears in an attempt to protect their parents from further pain. Still others act out in an attempt to distract their parents from the divorce process.
These are just some of the ways in which children respond (we are including in our use of the word children anyone up to the age of the late teens).
In an effort to give these children a voice, within the Collaborative Process, a "child specialist" is made available to the family. It is the role of this person to assure that the childrens' needs and interests are considered in the decision-making process as well as to keep the group informed of the issues that are important to the children.
Financial Specialist
In some cases there are important financial considerations to deal with when a couple decides to separate. In these cases a financial specialist is hired to assist both parties in making those decisions. If a business is involved it may be useful to hire a certified business consultant to act as a consultant to both parties for the purposes of valuing the business.
|
|