FAQ's
What is Collaborative Practice?
Collaborative Practice is a new way for divorcing couples to work as a team with trained professionals to resolve disputes respectfully, without going to court. Each spouse has the support, protection, and guidance of his or her own lawyer. While lawyers are always a part of Collaborative Practice, clients also have access to family therapists, financial advisors, communication facilitators, child and parenting specialists, divorce coaches, real estate professionals, and tax or accounting experts.
The Bucks County Collaborative Law Group (BCCLG) is a member of the International Academy of Collaborative Professionals (IACP), an organization committed to fostering professional excellence in conflict resolution through Collaborative Practice. There are more than 10,000 professionals trained in Collaborative Practice in the United States and over 200 Collaborative Practice groups around the world. The term Collaborative Practice institutes all of the models developed since IACP’s Minnesota lawyer, Stuart Webb, created collaborative law concepts in the 1980s. For more information on the IACP, visit their web site at www.collaborativepractice.com.
How can Collaborative Practice help me with my divorce?
Collaborative Practice creates a problem solving atmosphere with a focus on interest-based negotiation and client empowerment. And, because the parties agree not to use the court system until they have resolved their differences, the collaborative process is quicker and usually more cost effective than traditional divorce proceedings. Most importantly, it gives you and your spouse -- not the judge – control of the process.
Collaborative Practice also ensures that both you and your spouse work together, rather than against one another, to achieve mutually beneficial resolutions on the many critical issues surrounding divorce as the focus is on finding solutions that work for both of you.
What is the difference between Collaborative Practice and conventional divorce?
The main difference between Collaborative Practice and conventional divorce is the commitment to reach an agreement before going to court. It is specifically designed so that you and your spouse keep control of the decisions, rather than giving that power to a judge. In order to reach that goal, all of the parties involved in a collaborative divorce consent, in writing, to be part of a respectful process that leads to an out-of-court resolution. In addition, Collaborative Practice is specifically designed to develop effective relationships, solve problems jointly, and prevent a court battle.
What is the attorney’s role in Collaborative Practice?
Each spouses’ attorney is responsible for representing his/her individual client, while maintaining the goals of Collaborative Practice. Both attorneys are responsible for educating and counseling their respective clients about legal issues, settlement options, preparing legal documents and settlement agreements, and assisting their clients in articulating their needs. In addition, each spouses’ attorney is also responsible for working collaboratively with the other spouses’ lawyer.
Although we recognize that even under the best of circumstances, communication between divorcing couples can be strained we also recognize that keeping the lines of communication open is essential for reaching a mutually beneficial resolution.
What is the financial specialist's role in the Collaborative Practice?
In Collaborative Practice the role of the financial advisor is to help you and your spouse reach durable agreements and educate both you and your spouse about the financial consequences of various settlement options. Financial advisors also mediate and facilitate the decision- making process as each financial advisor associated with Collaborative Practice is ‘financial neutral’ and is committed to providing a safe and comfortable setting for all parties involved thereby allowing them to better facilitate making financial decisions for both you and your spouse.
In addition, the financial advisor is responsible for gathering and organizing information, educating and equalizing imbalance of power to make decisions, dealing with road blocks, managing both you and your spouses’ financial expectations, identifying and evaluating tax consequences, assisting in developing budgets, creating current and future cash flow analyses, illustrating long-range financial projections, creating options, and conferring with the attorneys.
What is a Family Relations Specialist (FRS) and why do I need one?
In Collaborative Practice a Family Relationship Specialist (FRS) is a licensed mental health professional specifically trained in Collaborative Practice who assists both spouses as well as the other collaborative professionals to communicate effectively within the collaborative process.
The FRS does not act as a therapist. Rather, the FRS uses his or her professional training and experience to assist you, your spouse, and other collaborative professionals involved in your case to manage emotional and psychological issues with the goal of promoting a smooth and efficient collaborative process. The FRS also communicates with the other collaborative professionals to provide insight and assistance in order to help facilitate discussions and negotiations.
What is the role of the Child Specialist?
In Collaborative Practice, the child specialist is a licensed mental health professional with specific training in, and experience with, family systems and child development. He or she also has training and experience in working with parents and children who are in the midst of a divorce or other child custody and parenting issues. The child specialist helps parents as well as the other collaborative professionals remain focused on the feelings and needs of any children involved in collaborative legal matters.
Sometimes the role of the Family Relations Specialist and Child Specialist will be performed by the same mental health professional. And, sometimes these roles are divided between two mental health professionals.
Can I have other team members?
Yes. In addition to attorneys, family relations specialists, child and financial specialists you may choose to retain other experts or consultants such as appraisers, mortgage brokers or vocational experts. Unlike traditional litigated cases, where the parties hire competing experts to ‘fight it out,’ both parties in the collaborative process jointly retain the experts they need and consider the options the experts present.
Why is Collaborative Practice right for me?
Collaborative Practice empowers spouses to dissolve their marriage with dignity. You should consider Collaborative Practice if you and your spouse believe it is important to protect your children from the harm litigation can inflict, place a high value on personal responsibility in resolving conflicts, are able to focus on a positive solution for the entire family, want to preserve a respectful working relationship with your spouse during and after the process, and if you see the need to disclose full and accurate information about family financial issues.
How do we get started with Collaborative Practice?
After you contact the Bucks County Collaborative Law Group, you and your spouse will meet with your respective Collaborative attorneys to discuss individual needs and concerns. Then, both you and your spouse and your attorneys meet in four-way sessions to reach a settlement without involving the courts.
Every issue including property division, parenting allocation, and support is put on the table in these sessions. At times, there may be a need for other professionals (i.e., mental health professionals, financial advisors, child specialist, etc.) to become part of the team to assist both you and your spouse in reaching resolutions. Collaborative Practice works because divorcing parties benefit from the skills, advice, and support of attorneys and other professionals while striving to work things out in a positive, future-focused manner.
What are the total fees of the collaborative professionals likely to be?
It depends. Based on all jurisdictions, in an easy case, the combined fees average $12,150 (rounded to nearest $50). If a case is difficult, the combined fees average $32,900. The overall average is around $24,000 for all core collaborative professionals. The average ranges from $18,150 in cases with no children to $25,800 in cases with children who are subject to the legal process.