Collaborative Law

Collaborative Law is a process where divorcing couples can focus their time and energy on resolving issues and moving on with their new, seperate, lives rather than bogging down in combative litigation. The key to Collaborative Law is the commitment by the parties to work towards resolution and engage in an open dialogue. While each person involved retains an attorney who is responsible for representing their legal rights and interests, the attorneys also commit to negotiating an equitable settlement rather than preparing for litigation. When other professionals are part of the process they are responsible to the entire team, rather than one side of the case. Collaborative Law is also a confidential process, unlike traditional litigation which becomes public record. You can learn more about Collaborative Law in general here and Collaborative Law in Texas here.

Services for Collaborative Law Cases:

Communications Consultant

As odd as it sounds, a successful divorce is often even harder to navigate than the relationship which proceeded it. Nowhere is this more true than when children are involved. Partners who have grown apart will be forever connected through their sons and daughters, regardless of what the courts decree. When children are not an issue, often couples are still faced with choices of how to divide up accumulated personal items and family assets.

Communications Consultants are trained mental health professionals who can help divorcing couples identify and prioritize goals, identify shared goals, and stay goal oriented and accountable. As part of the collaborative process they can help maximize effective communication between the parties and the attorneys. They can also help participants in negotiations by helping to identify interests and options for decision making, as well as identifying alternatives for parties to consider while maintaining good working relationships.

Child Specialist

Another role for mental health professionals, the Child Specialist can help parents and other participants to assess emotional, social, academic and other needs of children. The Child Specialist can help identify risks and concerns related to the children's needs and the impact that various parenting arrangements may have on the children in question. While helping the participants to maintain a focus on the needs of the children Child Specalists can also help parents develop skills for positive post-divorce co-parenting. In conjunction with a Communications Consultant they can help guide parents in creating an effective long term plan to meet the needs of the children. They can help assist the children (often working along with the Child's Therapist) identifying their own needs, wants, and hopes and communicate these to the Collaborative team so that the children can maintain a sense of stability during a difficult time.

Individual, Child, and Play Therapists

In certain situations parties involved in Collaborative cases may need additional support during a time of difficult transition. Children also at times need additional outlets to develop skills to cope with the new parenting arrangements. It is important for therapists who work with court connected cases to be knowlageable of forensic (court-connected) issues as well as human development and relationship dynamics.

Neutral Experts

When an assessment is needed on narrowly tailored issues, such as scholastic placement, parenting plan evaluation, or substance abuse treatment, a neutral expert may be used to conduct needed assessments and convey professional recommendations as to best options to resolve the issue.

The persion is called a 'Neutral Expert' to differentiate them from an expert hired by one side a court appointed evaluatorin a litigation case. As noted above, in all collaborative roles the mental health professionals have an obligation to serve as a neutral, responsible to the team process rather than one side or the other.

Other Divorce Services:

Mediation

For parents who are already involved in litigation mediation offers an opportunity to try and resolve issues in a more amicable way. Especially when there are child related issues or ongoing emotional conflicts, involving a licensed mental health professional to mediate may help speed the process or reaching closure in court.

Counseling

For parents going through traditional divorce or child custody litigation counseling can also help address many of the same issues as noted in the collaborative process. While there is a natural grieving process at the end of any relationship I encourage anyone who is experencing prolonged emotional distress, or who finds their day to day functioning impaired as a result (including the ability to participate fully with your attorney in litigaiton) to seek therapy.

Definitions adapted from the 'Protocols for practice for mental health professionals involved in collaborative law' from the Collaborative Law Institute of Texas.