2. 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

4. COLLABORATIVE PRACTICE
Shift away from adversarial positions
Focus on problem solving

5. CONFLICT RESOLUTION OPTIONS: KITCHEN TABLE

6. CONFLICT RESOLUTION OPTIONS: ATTORNEY SETTLEMENT

7. CONFLICT RESOLUTION OPTIONS: MEDIATION

8. CONFLICT RESOLUTION OPTIONS: COURT

9. 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

10. 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

11. 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

12. 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

13. MEET THE TEAM

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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.

20. 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

21. RESOURCES
International Academy of Collaborative Professionals Collaborative Solutions, Inc. Valerie K. Brennan, CPA, PFS Mary L. Sanders, Ph.D., HSPP Alan A. Bouwkamp, J.D