Improving Negotiations using Collaborative Values: A Checklist of Tools by Beth Aarons, JD, MSW , Jody Comins, MSW , and Justin Kelsey, JD On April 27, 2018, we presented to the Massachusetts Collaborative Law Council ’s annual forum at a workshop entitled: Using Collaborative Values to Shift Parties from Litigation to Cooperation . The theme of this workshop was to take collaborative values and discuss how we can use these tools in all of our cases: negotiated, litigated, or mediated. This is not a unique idea. David Hoffman has spoken and written about “cooperative negotiation” and Lainey Feingold has written and practiced “structured negotiation,” both of which share many overlapping tools that are used in the official Collaborative Law Process, with slight exceptions. In fact, we would argue that these negotiation processes have more in common with Collaborative Law than they do with litigation or more traditional attorney negotiation. This leads us to the question t...

While parenting of adolescents is challenging by itself, divorce and separated parenting can add even more complication.  We often encourage parents to consider the use of trained therapists to assist when issues arise with co-parenting teenagers.  Carly Baker, a trained Collaborative Coach and therapist, is offering two upcoming 8 week therapeutic support groups for parents of adolescents: Flyer for Daytime program beginning on Wed, April 29, 2015 Flyer for Evening program beginning on Tuesday, May 5, 2015 Click here for more information on Separated Parenting.

Image from Wikipedia Two of my favorite articles regarding leadership were written by Alex Knapp of Forbes:   Five Leadership Lessons From James T. Kirk ; and  Five Leadership Lessons From Jean-Luc Picard .  While both captains were very different leaders, and each definitely has their own devoted cult following, there were still similarities in how they led.  For example, Alex points out that Captain Kirk surrounded himself with advisers who had different world views, and that Captain Picard was willing to ask for help when he needed it (whether from advisers or even sometimes from his opponents). What can these leadership qualities teach us about Collaborative Divorce? Ultimately when we are assisting divorcing couples, whether through the court process or through negotiation, we are leading them through a complicated and emotional process.  As leaders in this role we should be considering what types of leaders we want to be. ...

In a litigated divorce , you will often have the need to involve experts to clarify certain issues, and in some instances to testify.  These can include appraisers, brokers, financial valuation or vocational experts, mental health practitioners, GAL s, and parent coordinators .  Whether or not a professional is needed to assist will depend on the issues in your case.  For example, if the parties can agree on the value of real estate than an appraiser would not be needed, but if they can't then a real estate appraiser will be needed to evaluate the value of the asset and potentially testify if the other party disagrees. The Collaborative Divorce process  typically includes a team approach to divorce which utilizes specialized professionals to assist the attorneys.  There are many instances where another professional can assist in moving a case forward and reduce the cost spent on attorney's time.  Here are just some of the types of other professionals th...

Collaborative Law has many advantages over litigation. It is usually far less expensive than going to trial.  When you go to court, much of your attorney's time will be spent on court strategy or on waiting to be heard in Court. Collaborative Law can help you avoid the backlog in the courts, allowing for a more expedient resolution. In addition to these practical concerns, though, Collaborative Law offers something that the Courts do not offer: the chance to resolve your case on your terms. If you are unable to settle your case in Court a Judge, essentially a stranger who will only meet you for a very limited period of time, will make major decisions about your life. Collaborative Law is your opportunity to make these decisions together. After all, who knows what is better for you and your family than you do. Instead of trying to convince your spouse of these advantages, we suggest that you simply request that your spouse interview an attorney who is trained in Collaborative la...

Guest Post Introduction:   Gina Arons, PsyD is a clinical psychologist with over 25 years experience working with adults, children, couples and families at her practice in Lincoln, MA.  She is a Collaborative Law coach-facilitator and mediator.  Dr. Arons serves on the board of The Massachusetts Collaborative Law Council (MCLC) and is a member of The International Academy of Collaborative Professionals and The Massachusetts Council of Family Mediation.  She wrote the following guest post for us regarding: WHAT DOES A COLLABORATIVE LAW COACH DO? By Gina Arons, PsyD When a couple decides that their marriage has come to an end, Collaborative Law offers an open and respectful divorce process in which clients, attorneys, and other collaborative professionals work together to develop an agreement that is acceptable to each of the parties. As an integral part of this collaborative team, the Collaborative Law Coach serves as a neutral facilitator who works t...