howtoMovePastroadBlocksincollaBorativecases collaborative law Section Chairs : KelliL . Mitchell – KelliL . Mitchell , PA & SashaM . Moore , CPA / ABV , CFE , ASA – CBIZForensicConsultingGroup
experiencedcollaborative practitionersrecognizethe importanceofsettingclient expectationsearlyand enforcingboundaries .
In the collaborative family law matter , the parties sign a collaborative participation agreement . In it , they acknowledge that for the process to succeed , they must , at a minimum , provide timely , candid , full , and transparent financial disclosures , insulate the children from the parties ’ conflicts , respond to communications promptly , and participate in scheduling meetings when necessary . Anticipating , identifying , and moving past obstacles in a collaborative matter are important aspects to a successful outcome .
Efficiency in this process will allow the collaborative team to move quickly from information
gathering , to option building , to resolution .
During the initial consultation , the lawyer must identify the issues and discuss the means to reach the client ’ s objectives . This discussion should include the benefits and risks of each option for resolution . The benefits of collaborative practice often include a timely , mutually satisfying , and cost-effective result . However , this requires the cooperation of both spouses as well as the other members of the professional team . Provided the parties are suitable candidates for the collaborative process , emphasize to them that they can manage their professional fees most efficiently by providing requested records completely , and timely , and completing other tasks . A party ’ s failure in these areas creates delay in the ability to move to option building resolution .
An obstructionist spouse may create a roadblock if they are motivated to prolong the process . This may be driven by a spouse who does not want the divorce , is reluctant to sell a residence they enjoy , and which must be sold to effectuate an equitable division of the marital estate , or a spouse who does not want to return to the workforce . A spouse may regularly
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