Collaborative Divorce was originally a family law procedure in which the two parties agreed that they would not go to court. The parties try hard to reach a fair agreement through a series of meetings, sometimes called joint sessions, between the two parties and their lawyers, and sometimes other neutral experts. The Main objective of these meetings or joint sessions is to identify the priorities, goals, needs and interests of the parties, and help them progress towards and create a settlement that is consistent with their priorities, goals, needs, and interests. The parties make their own decisions based on their own standards. Some have critiqued this aspect of collaborative law, they thinks that court processes are better suited towards protecting rights than voluntary dispute resolution processes. However, most lawyers involved in the collaborative divorce process agree that the parties can often make better decisions about their children and their families than a judge. There are the following steps that are followed in Collaborative divorce.rn Creating a working team is the first step. Spouses can begin this process through a visit with either a participating mental health professional or a collaborative lawyer. All participating professionals will have names of others who are available to work in this process. Once all relevant professionals are on board, an agreement is then reached between the professionals and parents that allows the team to work together collaboratively. The degree to which each type of professional is involved will depend on the unique needs and circumstance of the family. rnAs in any interdisciplinary team, spouses are requested to waive confidentiality so that team members can communicate with each other. (All professionals involved are still held to the standards of confidentiality of their respective professions.) The roles of all parties are clearly laid out and discussed until both spouses fully understand the process. The signing of this agreement means that the professionals can communicate with each other and that if the collaborative process is not successful, the spouses have agreed that all records are protected from future use in court proceedings. Relevant agreements also are made between each spouse and the professionals they work with directly. The team then meets, either in person or teleconference, to consolidate. rnIn the second phase, the unique dynamics of the particular family are understood. Information is gathered in one-on-one meetings with professionals to assist family members to address pertinent issues and to assist all professionals in making respective recommendations. Various 4-way meetings are held. These can include both spouses and collaborative lawyers, or spouses and divorce coaches . The financial specialist or child advocate can also be included as rnrn
Please Rate this Article 5 out of 54 out of 53 out of 52 out of 51 out of 5
Not yet Rated
