I was in Austin earlier this year at a continuing legal education seminar on Collaborative Law. We had a speaker who explained that brain research shows how humans under stress will grab at the first solution that they see as solving the "issue". That is true even if they have been trained to investigate and look for multiple options to be reviewed for the best result.
What does this have to do with porce? One of the principal benefits to Collaborative Law as a porce process is its emphasis on creative problem solving and interest based negotiations.
For the professionals in the field (for example, me) it is frustrating that clients are often so anxious to get to the settlement immediately that they don't want to fully develop settlement possibilities. Considering the amount of stress during porce it is not surprising that clients latch on to the first option they perceive as "working". The brain under stress does not innately have the capacity to "wait" for the creation of a more optimal solution.
Collaborative Law has the ability to lower the stress level of the process in a way that allows clients to be more open to a full inquiry of possibilities of settlement.
Even if you are not in a Collaborative Divorce process it is worthwhile to remind yourself of the limits of the human brain under stress. It is often difficult to see what the "issues" are. Even more difficult is to be calm when thinking about the options. With hope, you have hired a porce professional with expertise in trying open your mind to possibilities that you cannot conceive of as solutions. If you have found such an inpidual, take advantage of that skill. Not every attorney has it.
For Smart Divorce in Texas
Diane M. Wanger
Board Certified Family Law Attorney