The Roles of the Collaborative Divorce Team Members
The Goal of the Collaborative Divorce Process is to help clients work successfully within the collaborative law structure to achieve a positive resolution that minimizes the negative economic, social and emotional consequences the family often experiences in the traditional adversarial court process. In order to accomplish this goal, three independent disciplines work together as a team to integrate the legal, emotional and financial aspects of the disputed issues. The Collaborative Professionals on your team are Lawyers, Divorce Coaches, a Financial Specialist and, when there are children, a Child Specialist.
Lawyer
Your Collaborative Divorce Lawyer is retained by you to help you negotiate a mutually acceptable agreement without going to court. He or she is trained in the Full Team Interdisciplinary Collaborative Divorce Model.
Collaborative Lawyers do not work as “hired guns.” They expect and encourage the highest good-faith problem-solving behavior from their clients and themselves. Collaborative attorneys trust one another. Respect and integrity are hallmarks of the Collaborative Divorce process. Collaborative family law attorneys strive for cooperation and integrity, encouraging each client to aspire to those same standards.
Collaborative Divorce Lawyers represent the best interests of the client and provide legal advice while working within the collaborative process. Each lawyer:
- Educates and counsels the client
- Helps the client identify and assess the client’s needs as well as those of the other spouse
- Helps the client explore realistic alternatives to meet the client’s needs
- Assists the parties in managing conflict
- Works collaboratively with the other lawyer and the team
- Provides legal coaching and guidance
- Facilitates the settlement discussion and incorporates client agreements into the final settlement documents
- Prepares all the documents that need to be filed with the Court
Divorce Coach
A Collaborative Divorce Coach is a mental health professional who prepares each client to participate effectively within the collaborative process.
The Collaborative Divorce Coach does not act as a therapist. Rather, your divorce coach uses his or her professional training and experience to assist you in managing emotional or psychological issues that might otherwise get in the way of a productive discussion.
The Collaborative Divorce Coach helps you:
- Identify and prioritize your goals and concerns
- Identify strong emotions that might interfere with your ability to participate in the collaborative process
- Identify ineffective communication patterns and create better communication
- Develop strategies to present your ideas and concerns, to advocate for yourself, so you will be understood
- Understand your spouse’s concerns so they feel heard
- Make effective use of conflict resolution skills
- Develop effective co-parenting skills
- With information provided by the child specialist, assists you to create and implement an effective parenting plan which enhances your co-parenting skills
- Work with the team to address roadblocks to resolution
Child Specialist
The Child Specialist is a mental health professional with specific training and experience in working with families and children going through divorce.
The Child Specialist provides a voice for the children and assists parents in clarifying their children’s needs and interests. Overall, the Child Specialist has three responsibilities:
- To provide the children with an opportunity to voice their concerns;
- To provide parents with information and guidance to help their children throughout the process; and
- To provide information to the Collaborative Divorce team that will help develop an effective co-parenting plan that prioritizes the needs of the children
The Child Specialist helps you:
- Understand what your children are going through;
- Share your thoughts and feelings about your children; and
- Gain a greater understanding about how divorce effects children
The Child Specialist helps your children:
- Express their feelings, thoughts and concerns about what’s happening;
- Feel safe and supported in examining their own reactions to their parents’ divorce; and
- Speak openly about their relationships with both parents without feeling conflicting loyalties
Financial Specialist
The Financial Specialist is a professional who helps you gather, organize, list, understand and analyze financial data relevant to your divorce.
The Financial Specialist has specific training in Collaborative Divorce and family law matters. The Financial Specialist is a certified financial planner, certified divorce financial analyst, certified divorce planner, and/or certified public accountant.
The Financial Specialist helps you:
- Identify your financial hopes, concerns, goals and objectives
- Gather and organize your financial data
- Understand the financial implications of your settlement options
- Increase your knowledge so that you are comfortable in making your own financial decisions
- Understand your family’s financial reality
- Understand financial reports and cash flow charts
- Engage in safe, honest and informed financial conversations.
You - the Clients
Each client has a role as members of the Collaborative Team. The Collaborative Divorce process is about YOU: helping you navigate through the divorce process in a respectful, private manner; providing you with emotional, legal and financial support; and helping you negotiate a mutually acceptable agreement without going to court.
Your role in the Collaborative Divorce process:
- You will work with all members of your team for the best interest for the family as a whole
- You will be honest and forthcoming in communications relating to your case
- You will provide necessary documents and pertinent information in a timely manner so that your case can progress as efficiently as possible
- You will abide by any rules and orders of the Court that govern your divorce case
- You will maintain the confidentiality of all content (written or oral) of the Collaborative Divorce sessions and agree that none of this content will be used in any future adversarial process, except as otherwise provided under Court Rules or Law.