Diane Wanger offers Collaborative Divorce in additional to traditional avenues of divorce litigation
Collaborative Divorce is a process whereby both parties and the divorce attorneys commit to resolving their differences without resort, or threat of resort, to the courts. Collaborative Divorce is more humane and promotes post-divorce spiritual, psychological and financial health for the structured family. Collaborative Divorce relies on an atmosphere of honesty, integrity, cooperation and professionalism geared toward future the well-being of the family. The parties engage in informal discussions and conferences to settle all issues.
The process is based on Interest Based Negotiating, a method developed in the 1980's by Harvard graduates. Meetings are structured, complete with agendas, minutes and communication guidelines at a minimum. The goal is to create the best possible settlement, defined as the one that meets the most needs for each party and their children.
Allied professionals such as communication facilitators, (usually from the mental health field), financial planners, and sometimes appraisers are brought into the process as needed and and when everyone agrees. Collaborative Divorce requires each party and each divorce attorney to take a reasoned position on all issues. Where such positions differ, all participants use their best efforts to create proposals that meet the fundamental needs of both parties and, if necessary, to compromise to reach a settlement of all issues.
If the parties are unable to resolve their case through the process (which can include arbitration and mediation as in traditional litigation) and opt for court resolution, the attorneys must withdraw and new counsel will be hired to litigate the case.
People ask me if I can do the work for both parties in a Collaborative case. Collaborative Divorce requires that both parties have an attorney, so it is not a process where you can get it done with just one attorney (Actually, no process is, although sometimes you only have one person represented, just not in Collaborative Divorce).
For more information visit Collaborative Divorce Texas.
In choosing an attorney for Collaborative Divorce, ask the attorney about their experience with cases, how many trainings they have had and how recent the last one was. The Collaborative Divorce approach to dispute resolution is new and a person trained a year and a half ago cannot impart the needed skill set to "collaborate" with expertise. Also ask the attorney if they use a communication facilitator (mental health professional) on almost every case. If they, don't, they might not be experienced enough for you.