MULTIDISCIPLINARY COLLABORATIVE LAW

by Norma Levine Trusch

Originally Presented at the 2004 Advanced Family Law Course in San Antonio , Texas , on August 12, 2004.

I. INTRODUCTION

Since September 1, 2001, the effective date of the collaborative law statutes in Texas , hundreds of Texas attorneys have been trained in the process, both by Texas faculties at the Advanced Family Law Courses of 2002 and 2003, and by experienced collaborative law trainers from other states. Attorneys quickly learn that the process can be an extremely difficult one, and often yearn for skills they never learned in law school.

Elsewhere in the country, collaborative lawyers routinely conduct their divorce work in a completely multidisciplinary model, working as a team with mental health professionals and financial specialists. This model is called Collaborative Divorce TM , and the founders of that model conduct trainings with three-person teams, each representing one of the three disciplines.

Even without training in multidisciplinary collaborative law, many Texas lawyers have begun using allied professionals, not as neutral experts, as envisioned by the collaborative law statutes, but as co-professionals assisting the divorcing couple through the collaborative process. Many of them report that it is a relief to have the assistance of professionals who are better trained and more well-equipped to function in certain aspects of the collaborative process than attorneys are from their own experience and training.

The purpose of this paper is to introduce Texas attorneys to the potential “team members” who are available to work with them in collaborative law. The author would like to express her gratitude and appreciation to Sue Hansen and the members of the Collaborative Family Law Council of Wisconsin, Inc. for their kind permission to use materials from the first draft of their Interdisciplinary Training Manual. Except where otherwise noted, all materials in quotation marks in this article are excerpts from the Wisconsin Manual. The author would also like to thank Texans Janet Brumley, Carla Calabrese and Gay Cox, and Californians Peggy Thompson and Pauline Tesler for their generous insights into multidisciplinary practice.

II. WHO ARE THE PLAYERS?

A number of additional professional roles within the collaborative process can be identified:

A. Divorce or communication coaches (also known as Communication Consultants) are mental health professionals who help the parties to recognize and constructively deal with psychological and emotional issues which might otherwise operate as barriers to effective participation or impediments to communication on all issues including parenting.

B. Child specialists are mental health professionals with specialized training in child psychology and/or childhood development who can be brought into the process to assist in evaluating and helping the parties to understand the unique needs of their children, and the particular personal and developmental factors which ought to be considered in deciding custody and physical placement issues.

C. Financial specialists can be retained to assist the parties in organizing and working with financial information, and to provide specialized financial and tax advice concerning the impact of legal decisions on each party's current and future financial condition.

How collaborative law is practiced with regard to the above professionals varies from location to location. Some attorneys, mostly in California and Arizona, require as a condition of providing collaborative family law services that all members of the collaborative team (collaborative attorneys, divorce coaches, child specialist, and financial specialist) be retained as applicable. Currently in Texas , most attorneys providing collaborative family law services proceed solely or primarily with just the core group of two parties and two attorneys in their collaborative cases. Still others begin with the core group, but bring in additional members of the collaborative team on a case-by-case basis.

Whatever model is chosen, each team member in the collaborative process serves a specific role, one which their particular training and professional experience make them best suited to fill. In addition, many skilled professionals who are not willing to serve in the litigation process are willing to practice in the collaborative process. This expands the number of qualified professionals available to work with families in transition.

Whether or not the full interdisciplinary collaborative team will be used, it is essential that the collaborative professionals be familiar with the roles each of the potential members of the collaborative team who can serve in the process play in order to effectively explain all options to the parties. Each of those roles will be identified and explained in this article.

III. THE ROLE OF THE COLLABORATIVE ATTORNEY

Educating & Counseling the Client

“One of the important and earliest functions a collaborative attorney has in representing a client is to help educate the client about what the collaborative family law process is, and what the client needs to do in order to effectively participate in it. Collaborative family law is a process that requires the active participation of the parties. That active participation in turn requires an understanding of legal rules, financial information, impact on children, a clear definition of the issues presented, and an understanding of the process of collaboration and interest-based negotiation. As the collaborative process ensues, it remains important for a collaborative attorney to continue to provide counsel to the client as needed in order to help ensure that the process remains “on track” by assuring that all pertinent information is gathered and understood before settlement options are generated and decided upon.”

Managing Conflict

“Another very important function for the collaborative attorney is to be able to effectively manage conflict within the process. Given the emotions many people in divorce or other family law disputes experience, and the diminished state of capacity in which they tend to operate, it is all too easy for the negotiation process to be derailed. As an expert in collaborative dispute resolution, a collaborative attorney's role includes the ability to assist the parties in moving forward and reaching an agreement.

The goal of managing conflict is met in a number of different ways. One of the first and foremost is to thoroughly define and insist on adherence to the collaborative law participation agreement (for a sample agreement, see Appendix A), and to the ground rules for the process (see Appendix B). “In the event that one or both of the parties strays from the path, the collaborative attorney's function is to help them refocus and return to the process to which the clients have committed themselves. One good method involves the proper use of and adherence to written agendas. In dealing with a party expressing significantly negative and unconstructive ideas, a collaborative attorney can also help manage conflict by reframing or rephrasing the client's idea in a more constructive and forward-looking fashion. The attorney should also insist upon and role model respectful communication, including active listening.

Guiding Interest-Based Negotiation

“The primary vehicle for achieving agreement in the collaborative family law process is interest-based negotiation, and it is the collaborative attorney's job to guide his or her client through that process.

“Facilitating interest-based negotiation includes five major steps:

1. Identifying and communicating interests.
2. Defining the issues.
3. Obtaining, organizing and analyzing the information needed to consider the issues.
4. Generating resolution options.
5. Evaluating the resolution options in light of interests and reaching agreement.”

IV. MENTAL HEALTH PROFESSIONALS

One of the great strengths of the collaborative family law process is that it allows for the direct inclusion of mental health professionals in the resolution of family law disputes. Mental health professionals can become involved in at least two different distinct roles in the collaborative process: as a Collaborative Coach or a Child Specialist. According to Mark Otis, Ph.D., of Dallas , they can have any or a combination of any of the following credentials:

• Licensed Psychologist (PhD. or Psy.D. in psychology)
• Associate Psychologist (Masters in psychology)
• Licensed Clinical Social Worker (Bachelors of Masters or Doctorate in Social Work)
• School Psychologist (Masters or Ph.D. or Psy.D. in psychology)
• Licensed Marriage and Family Therapist (Masters or Doctorate in counseling, psychology, or social work)
• Psychiatrist (M.D. in medicine/ psychology)
• Licensed Professional Counselor (Masters or Ph.D. in psychology, counseling, guidance, school psychology, marriage and family therapy, etc.)

“Mental health professionals involved in the collaborative process should have received training in the collaborative process and should have background, education and experience in:

• Family systems theory
• Individual and family life cycle and development
• Assessment of individual and family strengths
• Assessment and challenges of family dynamics in separation and divorce
• Challenges of restructuring families after separation
• For child specialists: expertise in child development, clinical experience with a speciality focus on children and an in-depth understanding of children's unique issues in divorce.”
• [Draft, IACP Minimum Standards of Collaborative Mental Health Practitioners]

V. ROLE OF THE COLLABORATIVE COACH

The Collaborative Coach (also sometimes referred to as the “Divorce Coach” in divorce cases or as the Communications Consultant) is a mental health professional whose role is to prepare the client to participate effectively within the collaborative process. The Collaborative Coach does not act as a therapist. Rather, the Coach “uses his or her training and experience to assist the client in managing emotional or psychological issues that might otherwise impair the client's effective functioning and/or participation in the collaborative process, and communicates with other collaborative team members to provide insight and assistance to help facilitate the process.”

The Collaborative Coach may work with both parties or with only one of the parties to the divorce or family law dispute, with each party retaining his or her own Coach. Collaborative Coaches usually work in gender-balanced teams. “They will typically first meet individually with their respective clients, and will discuss the issues presented in the case as a beginning point in assisting them with the collaborative effort. Over time, the Coaches usually will also caucus with their Coach counterparts, and with their client's collaborative lawyer and any other team members, to relay information and suggestions to help move the process toward settlement. This might include providing information about how to best approach and respond to the client, or helping to identify ‘hot button' issues and provide guidance as to how to address them. The means utilized by divorce coaches thus may include individual meetings (one-to-one), four-way meetings (both clients and both coaches), five-way meetings (both coaches, both clients, and the child specialist, and/or the financial specialist), telephone conferences with his or her client, and caucuses and/or team meetings with various other collaborative team members.

“The goals of the Collaborative Coach include:

• Identifying and prioritizing the concerns of the client.
• Providing emotional support as the client moves through the loss and grief of separation.
• Identifying and offering assistance in containing strong emotions that might interfere with the collaborative process.
• Understanding the dynamics of the relationship with the spouse.
• Identifying communication patterns and improving on negative patterns as necessary
• Assisting the clients in developing an effective parenting plan and enhancing co-parenting skills.
• Facilitating movement of the collaborative process and helping the attorneys to understand the client's experience.
• Assisting the client and the attorneys to address roadblocks to resolution.

A Collaborative Coach's involvement in the collaborative process begins with a referral from the attorneys. Once a coach is on board, the first step involves a one-to-one meeting between the client or clients and the coach. “Some coaches require forms to be filled out by the clients. These differ somewhat depending on the coach's educational background, but generally include a questionnaire about demographics and practical information, an informed consent form which explains the process, an engagement letter or contract that delineates roles, fees, and expectations/limitations of the collaborative process, a release of information form allowing all members of the team to communicate, and in some cases, allowing for exchange of information with the client's therapist, and a marital history questionnaire. Most mental health professionals also require HIPAA forms to be read and signed.

“In their individual meetings with the client, the Collaborative Coach helps the client to understand and work through emotional and psychological issues. The Coach assists the client to sort out his or her feelings, think through emotionally charged issues, manage his or her anger, fear or other debilitating emotions, and develop coping and communication skills which will enable the client to effectively participate in the collaborative process. The Coach may also help to teach positive parenting skills, educate the client about the best ways to minimize the impact of the divorce on the children, and support, reinforce and help the client to take into account the information provided by the Child Specialist, if one is a part of the team. Finally, the Collaborative Coach's presence in the case provides an on-going resource for the client for help in addressing emotional crises which may arise during the case.

“The first meeting between the coach and the client allows the client to tell his/her story and offers the coach an opportunity to understand the perspective of the client. It is also the first step in the development of the coach-client relationship. It is a time for reviewing the client's understanding to the collaborative model and informing and/or clarifying essential information about the process and the roles of the various team members. In addition, in this first or second meeting, the coach will begin to focus the client on his/her long term goal or vision of the divorce for the family (children), the concerns of the divorce, potential obstacles from his/her perspective, and past experiences with conflicts and resolution. Examples of questions frequently posed by the coach in these early meetings include: What will the legacy of your divorce be for your children? What do you want your children to say about your divorce 5, 10, 15 years from now? What might be hard for you in a meeting with your spouse? What might be hard for your spouse? What do you anticipate thinking, feeling, and doing in those meetings? What might your spouse be thinking, feeling, doing? What do you know about your spouse that might be useful as you think about addressing difficult subjects? The coach needs to be cognizant of what strengths his/her client brings to the process.”

In some cases an individual Collaborative Coach meets the court for the first time at the first four-way meeting, or is brought into meet with the client or clients after a problem has arisen during a four-way session and the attorneys have sent the clients to meet with a coach or coaches before the next four-way meeting. Either way, “the coach and client will continue to meet individually until they feel prepared for a four-way meeting with both coaches and clients. Prior to this first four-way meeting, the coaches will have communicated (with permission and knowledge of their respective clients) to share their impressions of concerns and potential problems. Preparing a client for the first four-way with coaches or attorneys involves having them clarify and prioritize their issues. They also work with the client to anticipate how it will be to be in a room with his/her spouse.

“Sometimes coaches will be asked to attend client/attorney, client/financial specialist meetings to assist in constructive communication and if necessary, emotional containment. As a general rule, coaches are in attendance when the child specialist offers feedback to the clients. It has been found that having objective resources in the room is helpful as the clients work to put the child specialist's recommendations and information into practice.”

Some of the most important specific areas in which the Collaborative Coach assists his or her client in facilitating the collaborative process are discussed below.

Emotional Containment and Management

“One of the Collaborative Coach's principal focuses in the collaborative family law process is emotional containment and management. Emotional containment and management throughout the divorce process is often the key to the case moving toward resolution; how the emotions are handled will usually “make or break” the case. It is common to see a great deal of anger on the part of both parties in divorce, including a collaborative divorce.

“In some cases, what looks initially like the typical, ‘developmentally' normal anger in divorce turns out to reveal deeper problems in personality structure, e.g., a highly externalizing style, narcissistic or hostile dependent features, or just immaturity. There may well be a values issue for some clients who simply value punishing the other party more than they value protecting the children's outcomes, although, as will be discussed, a refocus on the children's needs is one of the more effective interventions with most couples.”

Interventions by Coaches to Manage Emotions

“There is no single technique or tool with which to address this complex issue. As with other mental health interventions, some clients respond well to coaching emotional management while others continue to struggle with a great deal of anger. A number of tools that come out of the field's general understanding of anger management as well as some insights from divorce-specific work may be used by the Communications Coach.

“For the client who feels utterly rejected and unlovable, the coaching relationship models a different message, one of respect and valuing. The coaching relationship, among others in the client's life, can shore up a sense of self and hold together the integrity of the self. For all clients, coaches strive to help them gain insight into what is happening emotionally at this critical time in their life. They can normalize the fact that there will be ‘hisstory' and ‘herstory;' in other words, the two parties are likely to walk away with a somewhat different view of the story of the relationship.”

Collaborative Coaches can help clients distinguish emotional or psychological reality from legal and practical reality, and to identify both the connection between and the difference between a feeling, a rational truth, and a behavioral decision. “Likewise, clients can be coached individually to identify their long-term goals and what behaviors will be necessary to reach them. They may recognize that they will need to lead with thinking and behavior rather than the intense feelings in interacting with their former partner at this time to be successful.

“Part of what coaches do is hold people accountable to their own vision of their higher self. As the relationship forms with a coach, the coach can be an external “superego” of sorts, reminding the client of the client's own value system. The coaching role can be likened to that of a U.N. peacekeeper in a war zone--coaches can't prevent all the atrocities but they can stand there in our blue helmets and say, “The whole world is watching the history you are about to write!” For some clients, clarifying spiritual or existential values can be a powerful source of hope and improved behavior.

“Refocusing parents on their children's experiences and needs also can be a powerful tool to move past the anger. There are almost always some signs of stress on the kids during the divorce, and simply focusing on the kids or hearing the child specialist articulate the kids' needs and struggles can often pull parents out of their own emotional tailspin fast because of how important the kids are to both. Simply asking, ‘So, how are the kids doing?' in a 4-way meeting can change the tone and focus dramatically.”

“In 4-way coaching sessions, coaches can see in real time what happens when the parties communicate; what works and what doesn't. Joint meetings are an opportunity for coaches to ‘call a foul' as needed and then model new ways of communicating. Coaches and the parties can identify what are ‘triggers' for each party and then go back to individual coaching to develop new strategies to handle them. The fact that each coach has started the process by truly joining with the client by understanding and empathizing with the client's feelings and experiences usually puts that coach in a position to also begin to challenge their client. This one-to-one relationship is a huge advantage over other models, wherein one co-parent counselor or guardian ad litem is constantly trying to stay in the middle between the two parties. The parties can experience some success in respectfully reaching decisions at the 4-ways, with the hope that the experience and skills generalize.”

“Some clients are already in therapy. If they are, it is helpful for the coach to touch base with their therapist and share the goals of the collaborative process. Other clients may be referred to therapy by the coach, if it is apparent they would benefit from more regular and ongoing support.”

VI. ROLE OF THE CHILD SPECIALIST

“The Child Specialist is a mental health professional with specific training and experience in working with children, parents, and families who are in the midst of undergoing a divorce or other custody/placement related disputes, whose systems role is to assist parents to clarify their children's needs and interests. The Child Specialist helps the parents to make decisions that take their children's feelings and needs into account, giving the children a ‘voice' in a process that has in the past often ignored the child's point of view.

“Overall, the Child Specialist has three responsibilities: to provide the children with an opportunity to voice their concerns regarding the legal dispute at issue, to provide parents with information and guidance to help their children throughout the process, and to provide information to the collaborative team that will help in developing an effective co-parenting plan that keeps the needs of the children primary.

“With specific regard to the parents, the Child Specialist can assist the parents in their collaborative negotiations concerning custody and physical placement issues by:

• Informing the parents about common reactions children have to divorce.
• Discussing age-related, developmental stage and practical considerations bearing on custody/placement issues.
• Actively assisting the parents in their efforts to create realistic and thoughtful parenting plans.
• Helping the parents to anticipate and plan for the future challenges they may face as they continue to co-parent after conclusion of the case.

“The Child Specialist will usually interview each of the parents individually, and will also meet with each of the children involved. The Child Specialist may also schedule additional meetings with the parents or children, which can in some cases involve joint meetings with both parents and/or with a parent or parents and the children. Ultimately, the Child Specialist will communicate to the parents directly, usually in conference with their attorneys, and will convey information, insights and suggestions concerning the children. If there are coaches involved, the Child Specialist may also participate directly in a ‘five-way' meeting with both parties and the parties' coaches to be sure information is accurately heard and considered when developing a parenting plan.

“Given the Child Specialist's unique role in the collaborative family law process, further discussion of the relationship of the Child Specialist to other participants in the process may be helpful.”

1. The Child Specialist's Relationship with Parents

“The Child Specialist serves as a child advocate within the collaborative family law process by helping the parents hear and understand their children's needs, interests and feelings as the parents create their agreement in the collaborative process. The child specialist is neutral with regard to the parents. Where used, it has been typical for the Child Specialist to first meet with parents and later with the children. The Child Specialist allows the children to have an opportunity to express their concerns and can provide parents with information and guidance designed to help children through the divorce process. The parents will use this information in the development of an effective co-parenting plan. The Child Specialist may also provide more generalized feedback about mental health, learning issues and styles and child development.

“It is essential that the Child Specialist maintain neutrality in regard to the parent's interests. This requires a careful effort to maintain balance in meeting with the parents. Ideally, parents are seen together for a first meeting. This contact may include the parent's providing information through questionnaires and self-report inventories. There are certainly instances where the parents may meet with the Child Specialist individually prior to the children being seen; however, this does not allow the Child Specialist to observe and, to some degree, assess the interaction between the parents (although the parents unwillingness to be seen together may be an indicator of the level of acrimony between the parents). For parents who have children who have yet to be told about the divorce, the first meeting with the Child Specialist may well include discussion of how the parents will tell the children about the divorce. It is important at this first session that the parents and Child Specialist establish a clear understanding regarding who will bring the children to the Child Specialist's office. There may be concern that whoever brings the children will have an advantage. This needs to be addressed and agreed upon by the parents and Child Specialist so that there is consensus that the plan for who will bring the children is reasonable and unbiased. This may result in both parents bringing the child or in the child being scheduled for two visits so that each parent will have an opportunity to bring the child. The parents may divide the responsibilities for bringing different children to the office. Addressing this issue at the outset is critical so as to insure as conflict-free a visit with the child as possible.”

2. The Child Specialist's Relationship with the Children

The Child Specialist will “talk to the child about the nature of the process prior to beginning any discussion of divorce or dispute related issues. The child needs to be made aware that the material that is shared will be provided to other team members including their parents. If a child does not want specific information shared, the child will need to make this known so that privacy can be respected. It is often possible to keep details confidential and still speak to the team about larger issues. Older children may want to help shape the feedback that their parents receive. Children and parents need to be made aware that the bounds of confidentiality remain the same within the collaborative process as they do in therapy.” Of course, child abuse must be reported and harm to self and/or others must be addressed. The Child Specialist may require adolescents 14 years and older to sign appropriate release of information forms.

From the reports so far, “children respond very favorably to speaking with a Child Specialist. It may be a relief to be able to talk to someone about the separation or divorce who does not have a personal interest in the outcome. By the time they get to this point, children usually have observed their parents dealing with the pain of a failing relationship and often have a personal reaction to the suffering they observe. Children may support parents by endorsing their parent's positions (even when these positions are mutually exclusive) during the divorce process and after. Children also have their own feelings about what family restructuring will mean. The meeting(s) with the Child Specialist can hopefully be in a place where the child can safely share his/her story about the family, ask questions and discuss concerns about how this process impacts his/her own life.”

3. The Child Specialist's Relationship with Other Collaborative Team Members

“The Child Specialist can enter the process at any time. The timing may be dependent on the parent's perception of the children's needs. If coaches are on board, they and the Child Specialist can work together to tailor the message the parents will receive about the children's needs and feelings in such a way that it is most likely to be accurately received by the parents, be conducive to the continuation of forward progress, and minimize the shaming and blaming that may have characterized the parent's interaction with each other in the past.” “The coaches may serve as ‘clinical ears' for the parents” when the Child Specialist gives the report on the children. “Given the tension that often permeates this session, it is not unusual for parent's to not hear or remember portions of the feedback or to distort what they do hear and remember. The presence of the coaches insures that less distortion occurs. The parents are also provided with support during the meeting and have the opportunity to process issues with their respective coaches at the close of the session.

“The content of the feedback meeting may be variable. In some cases, the Child Specialist has provided the child with an opportunity to relax and reflect on the family unit and these reflections will be shared with the parents and coaches. In other instances, specific questions have been posed and the Child Specialist has fashioned the interview and possible screening testing to be able to respond to these issues. The parents and coaches will use the feedback to create a parenting plan in the future although the Child Specialist will have insights and suggestions to offer. If a parenting plan has already been developed, the feedback might be used to modify the plan. The focus is crafting a plan that keeps the children's best interest primary.” “The Child Specialist is not acting in the capacity of an evaluator but rather as a consultant to the family who has the ability to discuss sensitive issues that are raised by contact with the children.”

Child Specialists usually “have functioned in a term-limited capacity in this model. They can offer a place and context within which the children can share their story, express feelings and discuss questions and concerns. Children are generally seen for only a few visits at most. Thus, the child specialist may help with short-term divorce adjustment issues; however, when serious problems are evident, the Child Specialist can recommend that a therapist be engaged for on-going treatment.” If desired by the parents, the Child Specialist may also serve as a consultant to the family after the divorce is resolved on matters pertaining to the children.

VII. ROLE OF THE FINANCIAL SPECIALIST

“The Financial Specialist is a financial professional who assists the collaborative family law process by assisting the parties to gather, organize, list, understand and analyze financial data relevant to their case. The Financial Specialist can be a Financial Planner, Financial Counselor, Certified Divorce Planner, Certified Public Accountant, or any other financial professional with the requisite training and experience to assist parties with the unique financial challenges presented in divorce and family law cases. The type of professional involved as a Financial Specialist in a given case can be tailored to the particular factual circumstances and needs presented.

“Financial Specialists' functions in a collaborative family law case can include:

1. Assisting the parties gather and organize financial information by:

• Communicating with both parties about the financial issues presented in the case, and the specific kinds of information required.
• Explaining the best or most convenient sources of financial documentation.
• Discussing information and documentation provided by the parties to clarify it and ensure its accuracy.

2. Helping the parties to list financial information by :

• Working with the parties to draft financial disclosure statements and schedules of property division.
• Preparing projections, tax calculations and ranges or present or future value.
• Passing on financial information to the parties' collaborative attorneys for use in negotiation.

3. Increasing the parties' understanding and effective use of financial information by :

• Educating and helping parties to reduce anxiety and feel more confident in addressing financial issues. This may include individual meetings with the party who has less financial sophistication.
• Presenting financial issues to the parties in a manner consistent with the collaborative process.
• Meeting jointly with the parties to explain financial concepts and help to ensure that they are “on the same page.”
• Encouraging the parties to formulate realistic future plans for income and expenses.
• Providing insight into the effect of different options, such as how keeping a house might affect their monthly cash flow, what the impact of property division might be on their long-term financial or retirement planning, what options might exist to effect property division in cases where one asset disproportionately dominates the marital estate (e.g., a closely held business interest), or what challenges or opportunities the tax laws might create concerning support issues.
• Providing tools for analyzing and evaluating financial issues in the case, including preparing charts, numerical analyses or reports as needed.

“A Financial Specialist can be particularly useful in cases in which one or both parties have reservations, fears or frustrations about finances, where either or both lack financial skills such as organizing, budgeting and record keeping, or where there is a significant disparity in the level of financial knowledge or sophistication between the parties. Financial Specialists also offer a depth and quality of analysis regarding issues such as the long-term financial impact of settlements, business valuation, property classification “tracing” issues, the effect of divorce resolutions on financial and retirement planning, and tax impacts, which their training and experience make them uniquely suited to provide. This will often involve an explanation of the numbers and basis for calculations and a range of options and values for the parties and their attorneys to consider in reaching agreements.”

VIII. FORMING THE COLLABORATIVE RELATIONSHIP

“Providing collaborative family law services, whether as a collaborative attorney, coach, child specialist or financial specialist, is a unique form of service. If a client has retained a professional to provide collaborative family law services, the nature and scope of those services must be clearly communicated to the client, preferably in writing.

a) Attorney . The menu of services provided by the collaborative attorney includes education, advocacy, guide, option generator, problem solver and process anchor. The attorney's role in the collaborative process focuses on the attorney's ability to inform and identify, both in four-way meetings and in individual meetings with the client, constructive directions and solutions. The collaborative representation agreement must include a paragraph which highlights the client's agreement that the attorney will not participate in litigation.”

b) Divorce Coach . As noted in foregoing sections, a mental health professional electing to serve as a collaborative coach is not providing therapy, but rather filling a distinct role unique to the collaborative family law process. Collaborative coaches should therefore also confirm the nature and scope of services which will be provided to the client in writing. The coach's fee agreement should also make clear that the coaches' services terminate upon the termination of the collaborative process and that the coach is not available to testify in any litigation between the parties.”

c) Child Specialist . The role of Child specialist has previously been defined. It should be made clear to the child and all other parties that the Child specialist's role in the collaborative team is to relay information and insight to other members of the team to assist the parties in reaching a resolution. Child specialists should therefore keep in mind the same considerations outlined in the preceding section.”

d) Financial Specialist . A financial specialist is compensated strictly on a fee for service basis in the collaborative process. The financial professional's compensation for his or her role and involvement in the collaborative process, therefore cannot be tied to the sale of securities or investment products, or the receipt of commissions. Certified Public Accountants traditionally bill on an hourly basis which is consistent with the collaborative process. If applicable to the financial specialist's particular profession, he or she must be fully qualified and licensed to provide fee-based services. As with other members of the collaborative team, financial specialists should also confirm their relationship with the parties by means of a written retainer agreement”.

IX. CONCLUSION

Whether or not you have experienced multidisciplinary collaborative law may depend on where your practice is located. If in Dallas , you have probably already experienced or heard about your fellow collaborative lawyers working with allied professionals on a regular basis. If your practice is in Houston , the possibility is less likely. This author predicts that within the next year or two, almost every collaborative lawyer in the state will have worked with one or all of the categories of allied professionals who are currently being trained in collaborative practice in Texas. In fact, your next collaborative case may come from a family therapist or financial advisor who is bringing you on to join THEIR collaborative team.

Based on Materials from the Website of the International Academy of Collaborative Professionals

www.collabgroup.com

THE FINANCIAL TEAM

Financial Counselor

Help spouses when:

* They lack financial skills such as budgeting, record keeping and organizing

* They have poor communication skills with money issues

* They have reservations, fears or frustrations about finances

* They need realistic planning and/or help facing financial changes

* They have unequal, power-based relationship with money

* They have problematic spending patterns

Help the team in:

* Making sure spouses are on the same page by seeing both spouses together

* Reducing spouses' anxiety level

* Bringing less knowledgeable spouse up to speed

* Gathering information for other team members' use

* Formulating realistic future plans for income and expenses

* Drafting Schedules of Assets and Debts, and Income and Expense Declarations

Certified Divorce Planner

Help spouses when:

* They want to see settlement analysis in the form of charts and numbers, including multiple scenarios

* They want a tool to make more informed financial decisions, understand the financial impact of settlement(s) and help determine optimal division of assets

* They need education and clarification about investments, account types and transfers

* They want a second opinion on the financial issues surrounding the settlement

Help the team in:

* Providing ease in understanding the financial impact of settlements

* Comparing and contrasting financial differences among settlements, i.e. the impact of a change in support over time

* Providing a tool to break the "you can't afford to keep the house" and "this looks like an equitable financial settlement" news

* Assisting with the paperwork processing necessary to make transfers in investment and other accounts

Certified Public Accountant ("CPA")

Help spouses when:

* The need to determine community and separate property interest, i.e. stock options, real estate and investments

* They need to determine reimbursement for payments from separate property cash for community property debts

* They need to determine the tax effect on specific property division scenarios

* They need a business valuation for property division

* They need to trace true income available for support

* They need to determine the optimal division of property

* They need to calculate child and spousal support

Help the team in:

* Providing a second opinion, a sounding board

* Drafting Schedules of Assets and Debts and Income and Expense Declarations

Common to All Financial Team Members

* More educated, confident clients are prepared to work with other team members

* They reinforce the collaborative divorce concept and the team approach, and model appropriate communication skills

* Objective calculations can be confirmed by second opinions

* Operate on a fee for service basis - do not sell products or receive commissions

* They are experienced, degreed and certified processionals

The Child Specialist

The Child Specialist is a mental health professional who is specialized in working with children and has experience working with parents. The child Specialist serves on the team as an independent representative of the child/children's needs and preferences in the divorce process.

The Child Specialist:

* Interviews each parent alone to gain understanding of each parent's view of their child or children

* Interviews each child

* May interview the child or children together with each parent

* Gives feedback to the parents about how their child is doing, what their child needs, and what his or her preferences are

The Child Specialist Considers:

* Development issues (e.g., a 4-year old child's needs are not the same as a 10-year old child's needs)

* Temperament

* Each child's relationship to other family members

* Relationships beyond the immediate family

* Particular strengths/resilience of the child

* The child's current reaction(s) to the family changes: worries, fears, hopes, preferences

* Special vulnerabilities (e.g., learning difficulties, emotional distress, disabilities, substance abuse, etc.)

How Do the Children Benefit?

The children get:

* A third party to listen to them tell their story about what's happening in their family

* An opportunity to ask questions and get clarification about the changes in their family

* Support and comfort for them and a sense that they have a voice in the process

How Do the Parents Benefit?

The parents get:

* New information and the opportunity to consider the special needs and concerns of each of their children

* Information about their child's point of view

* Help in understanding the specific worries and concerns of each of their children

* Discussion regarding the anticipated challenges and difficulties inherent in co-parenting

* Help in identifying and appreciating their common interest as parents

* Specific recommendations concerning their parenting plan, including living arrangements of the children

The Collaborative Coaches

The Collaborative Coaches are mental health professionals who are experienced in working with children and families and are knowledgeable about the problems and issues of divorce. Ideally, they have specialized training in the techniques of coaching. In this role, coaches are not acting as therapists, but are using their training and skills to help their clients develop his or her ability to achieve a collaborative divorce.

The Collaborative Coaches usually work in gender-balanced teams with each spouse having his or her own coach. The coach's goal is to prepare a spouse to work effectively with the other spouse in the collaborative process. In the process, the focus is on developing a more effective co-parenting relationship that will help the spouses in their post-divorce co-parenting relationship.

How Do the Clients Benefit?

In individual meetings with the client, the coach:

* Helps the client to sort out his or her feelings and issues about divorce

* Helps the client to think through highly emotionally-charged issues

* Helps the client to manage his or her anger and distress

* Helps the client to learn communication skills to use in the divorce negotiations and in the co-parenting relationship

* Educates the client about the best ways to minimize the impact of divorce on his or her children

* Addresses emotional crises that may arise in the divorce process

* Teaches parenting skills when needed, and addresses parenting issues that may arise

How Do the Coaches Work Together?

The Coaches work jointly with the spouses in four-way meetings to help the spouses:

* Use the communication skills they've learned to discuss issues related to their divorce

* Think through the information provided by the team's Child Specialist in developing a parenting plan that fits the needs of their child/children

* Address problems and concerns around parenting issues

* Establish a basic communication skills structure for them to use in their post-divorce co-parenting relationship

How Do the Coaches Work With the Team?

The Coaches work with the team to:

* Understand how best to approach and respond to each spouse

* Increase awareness of sensitive issues and hot spots

* Assist if emotional blocks arise that interfere with reaching settlement

* Support, reinforce and help the parents to implement the recommendations of the child specialist