COLLABORATIVE LAW A Better Way to Divorce COLLABORATIVE PRACTICE _____________________ Resolving Disputes Respectfully North.

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COLLABORATIVE LAW A Better Way to Divorce COLLABORATIVE PRACTICE ______________ ___________________________________ Resolving Disputes Respectfully North Shore Practice Group [ ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

Divorce Process Alternatives Litigation Mediation Collaborative Law ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

Conventional Dispute Resolution Litigation Oppositional Positional Rights-based / Entitlement-based conflict Judge decides More than 90% settle before trial ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

What is Mediation? ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved. Settlement focus from the start Voluntary participation Party priorities guide the process Interest-based negotiations Parties determine the outcome Confidential process Results in an MOU

Different Negotiation Approach ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

What distinguishes Collaborative Law? Team approach Attorneys Coach(es) Child Specialist Financial Neutral Clients dialogue directly No court intervention Professional support through divorce decree Contained process Privacy / Confidentiality ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

Getting Started in Collaborative Visit Collaborative Law Institute of Illinois website Contact Collaborative Professional: attorney, coach, or financial. Should feel like a good fit Professional(s) and clients work together to complete the team Location matters ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

Attorney’s Role Listen to what matters most to the client Actively represent the client’s interests Educate and counsel about law and possible outcomes Work collaboratively with other professionals Help client articulate interests, engage, and reach agreements Prepare legal documents and enter agreements in court through the final Judgment for Dissolution ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

Coach Role Identify and prioritize client’s concerns and goals Manage strong emotions Strengthen effective communication Recognize effective and ineffective behaviors and counsel clients to keep meetings productive Help develop co-parenting skills and a parenting plan ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

The Coach is not your Therapist Coach helps manage present behaviors to achieve identified future goals (not causation focused) Coach supports client dealing with your divorce (not your mother) Time-limited relationship for the purpose of engaging in the divorce process (not long term therapy) ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

Child Specialist Role Single neutral selected by both parties Brings child’s voice to the divorce process Neutral representative of child/children’s needs Provides expertise/information about child development to parents Maintains ongoing relationship with parents when needed ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

Financial Neutral Role Single neutral selected by both parties Gathers and organizes financial information Develops budgets Creates accurate statements of assets and liabilities Increases client’s financial literacy (helps balance) Identifies case-specific financial issues works with team to explore questions about various asset division and support scenarios ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

Whole team is greater than the sum of its parts Work together to assist parties to make informed decisions Separate the parties from the problems Value of Interdisciplinary Team

How much will Collaborative Cost? Compared to what? Cheaper than litigation? Managing costs is part of the process Not inexpensive, but worth it. ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

Will Collaborative Law work for Us? Willingness to participate Children (or others) to protect from bitter conflict Continuing relationship as co-parents Privacy matters Trust yourself to make informed decisions Want to manage divorce expenses Want to manage divorce timing Want to manage divorce priorities ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

Questions ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.

Fellows of the Collaborative Law Institute of Illinois (CLII) North Shore Practice Group ©2014, North Shore Practice Group, Collaborative Law Institute of Illinois. All rights reserved.. Powerpoint organized and designed by: Alona Anspach, Deanna Conklin-Danao, Stanley Majka, Rachel Moore