| FAQ
What is the Collaborative Process?
The Collaborative Process is a dignified, cooperative, and respectful process in which a separating/divorcing couple with the assistance of their attorneys work together to negotiate the best outcome for both participants. The process is based on a voluntary and free exchange of information, the pledge not to go to court, and the commitment to finding resolutions that recognize both participants’ interests. Specifically, a Collaborative Divorce involves a commitment to address issues without threatening language or resorting to expensive court proceedings, to produce all financial records, and to not speak negatively about the other parent in front of their children
What are the benefits of the Collaborative Process?
The Collaborative Process is designed to be less confrontational than traditional divorce. Clients are better able to focus on the important issues because stress and anxiety should be lower in a non confrontational environment. It is also a more private process as there are no hearings, court transcripts and court filings.
The Collaborative Process also gives control of the process to the participants and settlements are reached by what the two participants agree on. The non-combative atmosphere also diminishes hostilities and allows the participants to maintain what remains of their relationship to work cooperatively during the process and in future in matters involving finances and their children.
How is Collaborative Process better for our children?
One of the most important aspects of Collaborative Process is that it provides the foundation for a healthy relationship between the couple as co-parents as they look towards a different future, allowing them to protect their children’s interests. Mental Health professionals working as part of the Collaborative Team are available as Coaches, and Child Specialists to assist the parents to develop a parenting plan, and to make the transition from parenting in one household to parenting effectively in two households. In addition, by dealing with such a difficult dispute as separation and divorce in a dignified and respectful manner, you offer your children an excellent model and life lesson for the constructive settlement of conflicts.
Who should consider the Collaborative Process?
Couples who are determined to be respectful and ethical toward the other. You are willing to work with your partner for agreed upon decisions. You are both willing to work towards creative solutions for your actual needs, not abstract desires. You both commit to the process and agree you will not to go to court.
What is the Collaborative Team?
Depending on your needs, the Collaborative Team is a combination of professionals that you choose to work with. In addition to your attorney, your team may include a financial professional, divorce coach and/or child specialist. Your Collaborative Team have all participated in special training to understand the unique needs of this process. They will guide and support you as problem solvers.
How does the process work?
Each participant would choose their own attorney with specialized Collaborative Practice training. Both participants sign a Collaborative Agreement stating they will not go to court, they will treat each other with respect, and will voluntarily offer all financial records. Each participant and their attorney will meet together to craft solutions and agreement on all issues. Mental Health professionals may be involved to help with family issues that need further discussion. Financial Planners are involved to provide options with regard to equitable distribution, investment valuation and retirement account assistance.
Can any attorney practice the Collaborative Process?
Only those attorneys who have had specialized training and education to represent participants in the collaborative process are qualified. Collaborative attorneys have also committed themselves to seeking solutions that address the needs of all participants.
Can my own therapist act as my coach?
Although your personal therapist may be valuable to you, your collaborative coach plays a different role. In addition to being able to communicate clearly with the other team members, your coach’s role is to guide you through the process.
What if there are questions regarding division of property, retirement accounts and/or our home?
There are Certified Financial planner™ practitioners as part of the Collaborative Process team that can answer your questions and help you to plan for your future financial security.
How does the Collaborative Process focus on the future?
This process is an ending and a beginning. It will help you to anticipate your future needs and help you move forward. As a respectful, dignified process, the Collaborative Process supports your family’s goals for a smoother transition to the future.
How does the Collaborative Process differ from Mediation?
In Mediation the couple meets with a neutral third party to help settle the case. The participants advocate for themselves while consulting an outside of the mediation process. The neutral person cannot give either party any advice or advocate for an individual. In the Collaborative Process, neither party is ever “on their own.” Each party is fully and individually represented from beginning.
What if an agreement cannot be reached during the Collaborative Process?
You have signed a participation agreement that you will not go to court. Once this agreement is signed, if you cannot settle, you must find new attorneys and start the process over, as the Collaborative attorney can only work with you through the Collaborative Process.
How do I get more information?
See the section on Find a Professional. Contact any member of the Collaborative Divorce Association of the Capital District, Inc.
|
