COLLABORATIVE PRACTICE: A Better Way to Separate Presented by Collaborative Solutions, Inc. Mary L. Sanders, Ph.D., HSPP Alan A. Bouwkamp, J.D. Valerie K. Brennan, CPA, PFS

COLLABORATIVE PRACTICE Shift away from adversarial positions Focus on problem solving

CONFLICT RESOLUTION OPTIONS: KITCHEN TABLE

CONFLICT RESOLUTION OPTIONS: ATTORNEY SETTLEMENT

CONFLICT RESOLUTION OPTIONS: MEDIATION

CONFLICT RESOLUTION OPTIONS: COURT

CONFLICT RESOLUTION OPTIONS: COLLABORATIVE PRACTICE Commitment to stay out of court Clients’ interests drive the process Models respectful behavior Support of a multi-disciplinary team

DIVORCE PROCESS: A COMPARISON First meeting with attorney TRADITIONAL COLLABORATIVE Form the team First full team meeting Preliminary Hearing Discover and develop clients’ interests Discovery Clients work with neutral Mental Health and Financial Professionals Custody Evaluation Sequence of Team meetings focused on interests of each client Court-ordered mediation Final hearing Final meeting and agreement signed

DISTINGUISHING FEATURES Divorce is a breach in social fabric. Collaborative process alone attends to and attempts recognition and repair. Collaborative process redefines what it means to win and lose (i.e. winning together) Only process where experts in each field are reliably involved in supporting and guiding the couple in the process

DISTINGUISHING FEATURES Collaborative process benefits children of divorcing parents Parents model a healthier, more prosocial form of addressing conflicts More likely to be in the middle of a loving solution rather than an ongoing conflict More likely to continue to maintain a relationship with both parents long-term Reduced likelihood of ongoing distress from future costly court battles

MEET THE TEAM

ATTORNEYS Each client has their own attorney by their side at the Collaborative table, to support and advise, and when necessary, to be their voice Attorneys advocate for their client's broad interests, from their individual interests, to their interests in a healthy family   Attorneys are problem solvers, not foes Attorneys commit from the start to focus exclusively on finding solutions, and cannot participate in litigation or represent their client in court Attorneys ensure that legal issues are handled properly

MENTAL HEALTH PROFESSIONALS Mental health neutral Facilitate the collaborative process Shepherd the interpersonal communication process Divorce coach Assist one or both of the clients to address issues impeding progress Provide opportunities to develop skills to support the collaborative process and beyond Child specialist Represent the voice and needs of the child Assist parents in designing a parenting plan

FINANCIAL PROFESSIONALS Neutral Financial Specialist Certified Public Accountant or Certified Financial Planner Works with the couple, rather than just one client Facilitates gathering and organization of financial documents Creates financial options for the couple to consider with the goal to create “win/win” versus “winner take all” Helps the couple evaluate their financial options and understand current and future impact of decisions reached in the process

FINANCIAL PROFESSIONALS Neutral Role Works with the couple, rather than just one client Full transparency of financial information and interests Continued neutrality following conclusion of the case Fees are typically billed hourly

FINANCIAL PROFESSIONALS Desirable Skills and Training Requires knowledge in the areas of tax and financial planning Relies heavily on soft skills, including communication, listening and teamwork Formal training as a Financial Neutral in Collaborative Practice Introductory / basic multi-disciplinary training Advanced training to continue developing skills

FINANCIAL PROFESSIONALS Possibility of Creative Solutions The law provides the framework in a litigated divorce Not constrained by what would be allowed in court Clients expressed interests guide design of settlement Examples exclude: Spousal maintenance, such as to support re-entry into the workforce Providing more liquidity in the allocation of marital assets to the spouse with lesser income Allowing one spouse to remain in the marital home while children are still in school, with proceeds of an eventual sale shared by both spouses.

FINANCIAL PROFESSIONALS Why Do This Work? Diversify skills and revenue sources Help couples and families navigate one of the most challenging experiences of their lives Potentially positively impact families for generations

RESOURCES International Academy of Collaborative Professionals www.collaborativepractice.com Collaborative Solutions, Inc. www.collaborativesolutionsindiana.com Valerie K. Brennan, CPA, PFS 317-472-2266 vbrennan@somersetcpas.com Mary L. Sanders, Ph.D., HSPP 317-574-1785 mlsand123@aol.com Alan A. Bouwkamp, J.D. 317-598-4529 abouwkamp@nbbplaw.com