Collaborative Rules

 

The Rules of the Collaborative Road

 

"The entire legal profession: Lawyers, judges, and law professors, has become so mesmerized with the stimulation of the courtroom contest, that we tend to forget that we ought to be healers of conflict. For many claims, trial by adversarial contest must in time go the way of the ancient trial by battle and blood . . . . Our system has become too costly, too painful, too destructive, too inefficient for truly civilized people.”
- Chief Justice Warren Burger
 
 
 
Shared Beliefs: You acknowledge that the principal that drives the collaborative process is the shared belief that it is in your best interests as a couple (and for your children) to commit yourselves to avoiding litigation. You are choosing this conflict resolution, professional team method because it does not impose a decision of any of the issues on you. Rather, the collaborative process promotes and relies on honesty, cooperation, and professionalism. Furthering the future well being of each of you and of your family is the shared mission.
 
Shared Avoidances: You want to avoid negative economic, social, and emotional consequences of combative litigation, not only for you but also for all your family. The Collaborative Divorce process team of trained professionals works with you to resolve differences fairly, and with results that work.
 
No Court Combat: A settlement you create, without court intervention, and not by a stranger, is the collaborative purpose. You, the divorcing partners, agree that by giving full, prompt, honest and open disclosure of all possibly pertinent information, you will engage in informal discussions and meetings with the professional collaborative team, ultimately to settle all issues.
 
Only Cooperative Efforts: Agreed further is that the attorneys, accountants, coaches, specialists, appraisers, and any other experts or retained consultants shall work only in a cooperative effort to resolve issues. No adversary argument or other form of external decision-making is allowed. Rather, it is you, the divorcing partners, after being fully advised, and desiring a settlement that works that will build the settlement.
 
Seek Certainty, Avoid Anxiety: Collaborative Divorce recognizes that during separation and divorce, where to turn to find some sense of certainty for the future is not commonly known. Collaborative Divorce offers a team of experienced divorce professionals, which you select, to guide you through all the divorce - the legal issues, the emotional turmoil, your concerns for your children, and the financial future. The divorcing professionals’ Collaborative Team enables the divorcing partners to problem solve, make their own decisions, and create settlements that work for them and their family.
 
Disclosure & Decisions As Needed: The California Family Code imposes fiduciary duties on spouses - requirements to fully exchange information voluntarily and informally. The neutral financial specialist will summarize and report. Meanwhile, with your attorneys and coaches (and child specialist for children), you are assisted toward resolving the issues particular to your divorce and, as needed, to resolve the immediate issues, if any, that your divorce and separation create. 
 
Commit to a Peaceful Transition: Collaborative Divorce relies on a commitment from each divorcing partner to make a peaceful transition to settlement, and to respect that each spouse or partner has the ability to become informed, participate, and engage in wise peacemaking decisions.
 
 
 
 
 

California Collaborative Divorce | Divorce Assistance Orange County

 

 


(949) 752-2727

"Results, Not Regrets"
 


Jann Glasser LCSW, MFT, Divorce Coach

4340 Campus Drive, Suite 100
Newport Beach, CA 92660