Conflict R lict Reso solu lutio tion Str Strategies Host: Okanagan Collaborative Bruce Plaxton, CPA, CA, CBV, Financial Neutral Family Law Group Bev Churchill, LLB, Lawyer Mary Ellen McNaughton, BSC, MSC, MED, CCC, http://collaborativefamilylaw.ca/ Divorce Coach
Di Disput spute T e Types: pes: • Family Law Disputes (Separation and Divorce) • Shareholder Disputes • Strata Disputes • Estates Disputes • Commercial Litigation Disputes
Co Conflict lict R Reso solu lutio tion O Optio tions: • Kitchen Table High • Mediation Party • Collaborative Practice Involvement & Control • Lawyer Negotiated Settlement • Settlement Conference Low • Court
Ar Areas of Di eas of Differ erence i ence in R Resol soluti tion on Opt Options: ons: • Basis for Decisions • Likelihood of Post Agreement Litigation of New Issues • Goal and Measure of Success • Who Controls the Process • Issues that may be Addressed • Degree of Adversity • Who Makes Final Decision • Cost • Role of Lawyer • Neutral Team Support
Collabor Collaborativ ive T e Team am Com Composition osition • Lawyers • Divorce Coach / Child Specialist • Financial Neutral
Co Colla llaborativ tive P Process - - Foundatio ions : : • Explore Needs • Focus on Mutual Interests • Parties Know Interests and Needs • Reduce Conflict • Communication • Voluntary Agreement • Emotion Can Create Conflict • Open and Frank • Safe and Secure • Courts are NOT the Best Option
Collabor Collaborativ tive P Process – ocess – Essen ssential Elem ial Elemen ents : ts : 1. Professionals Trained in Dispute Resolution Mediation – minimum of 5 days • Collaborative – minimum of 2 days • 2. Participation Agreement Written and Signed by Clients and Lawyers • No Court • Status Quo – Stability Assets and Children • Suspension of Limitation Period • Withdrawal and Disqualification of Professionals •
Collabor Collaborativ tive P Process – ocess – Essen ssential Elem ial Elemen ents : ts : 3. Neutral Professionals – Coach, Child Specialist, Financial Specialist Written and Signed Participation Agreement • For One or Both Clients • Support, Educate, Advise • 4. Meetings, with an agenda to focus on: What is Important to Each Spouse and Both Spouses • Any Pressing Issues • Information We Have, Need or Want •
Role le o of Fin Financial N ial Neutral: l: Role/Common tasks Information gathering • Educate the parties and lawyers on financial issues • Assist with post-divorce budgets • Assist with asset allocation options and equalization • Business valuations, income for support calculations, tax • planning, real estate appraisals
Role le o of Fin Financial N ial Neutral: l: Benefits of working with a financial neutral Help balance financial understanding of the parties • Foster atmosphere of full disclosure • Focus on education (parties and lawyers) • Provide structure • Allow the parties to be full partners in the financial • restructuring of the family
Role le o of Fin Financial N ial Neutral: l: Common Designations of Financial Specialists CPA (CA, CGA, CMA) - accounting and tax • CFDS - Chartered Financial Divorce Specialist – Canadian • Based CDFA - Certified Divorce Financial Analyst – US Based • CFP - Certified Financial Planner • CBV - Chartered Business Valuator •
Role le o of Co Colla llaborativ ive La Lawyers: 1. Represents the interests of his/her client while maintaining the overall goals of the Collaborative Process Mutually Acceptable “Shared” Resolution • Appreciation of What is Important to Each Client •
Role le o of Co Colla llaborativ ive La Lawyers: 2. Provides legal advice, negotiation support, and drafts and revises agreements and the divorce documents Non - Positional Negotiations • Encourage and Support Active Participation by Clients • Durability of Outcome •
Role le o of Co Colla llaborativ ive La Lawyers: 3. Works collectively and cooperatively with the other Collaborative lawyer and the Collaborative “Team” Attitude of “Sharing” and Finding Common Ground and Options • Honest, Respectful and in Good Faith • Trust and Transparency • Model Communication • Information Exchange • Future Focused •
Role le o of H Help lpin ing P g Professio ssionals: s: • Divorce Coach • Child Specialist
Role le o of H Help lpin ing P g Professio ssionals: s: Role of the Divorce Coach Emotional support and encouragement for clients • Support to gain clarity around needs and interests • Insight and education about personal dynamics and emotional triggers • Education and feedback on communication styles (1 degree course • correction) Barometer for the emotional climate in the room during negotiations • Gatekeeper for respectful communication and emotional safety • Feedback for all members of the team •
Role le o of H Help lpin ing P g Professio ssionals: s: Role of the Child Specialist Insight and education on developmental needs • and support for children Support with realistic parenting plans • Education and encouragement with co- • operative co-parenting
Thank y Thank you! u! Questions? http://collaborativefamilylaw.ca/
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