Collaborative Training at the University of Florida

The University of Florida Levin College of Law’s Center on Children & Families and Institute for Dispute Resolution is pleased to announce the sponsorship of a two day intensive interdisciplinary Collaborative Law Training on August 21 & 22, 2009, in Gainesville, Florida. Go to http://www.law.ufl.edu/collaborativetraining/ to register for the training.

The training will teach the skills needed for legal, mental health and financial professionals to begin practicing collaborative law as well as giving experienced collaborative practitioners the opportunity to raise their level of competency while enriching their overall experience in collaborative practice. The focus will be on providing interdisciplinary professionals with cooperative methods of practice and skills to assist their clients in resolving conflict and reaching a fair and equitable settlement without resorting to threats or litigation. While this training will focus on family law problems and practice, collaborative law may be applied to any area of the law.

The training will begin with an overview of the role and responsibility of each professional in the team, including the requisite paradigm shifts necessary for each profession. There will be breakout sessions for each profession to have opportunities to focus on skills unique to their specialty, as well as joint sessions where trainees will learn how the interdisciplinary collaborative practice team model works. The curriculum will teach each stage of the collaborative process and offer an interactive experience, utilizing real life case examples, demonstrations, role plays and team exercises which provide non-adversarial strategies and techniques to help clients achieve agreement in a dignified and respectful manner.

Continental breakfast, lunch and snacks will be provided both days as well as a reception at the end of Day 1, where attendees will have an opportunity to socialize and network with other trainees as well as the class instructors.

Collaborative Law Training Associates, Inc. of Atlanta, Georgia, will conduct the training. This multi-disciplinary team, Nora Kalb Bushfield, MSW, JD, Susan M. Boyan, M.Ed., L.M.F.T. and Paul A. Tignor, CPA/ ABV, CFE, AIBA, has conducted numerous trainings throughout the country, including in Florida.

The Center on Children & Families and the Institute for Dispute Resolution at the University of Florida is committed to educating and training a new generation of practitioners in methods of innovative and collaborative conflict resolution. We appreciate and recognize that assistance from collaborative groups is absolutely essential for this event to be a success. We are hoping this year will set the standard for excellence in Collaborative Education at the University of Florida and we plan to host trainings annually to making collaborative law training available to all individuals interested in alternative dispute resolution.

Continuing education credits are pending. It is recommended that participants reserve early as enrollment will be limited. This training will meet or exceed IACP standards.

For more information, please feel free to contact me at clt@law.ufl.edu.

Robin Davis
Legal Skills Professor
University of Florida
Fredric G. Levin College of Law
P.O. Box 117626
Gainesville, FL 32611-7626
Ph. 352-273-0807 Fax 352-392-0414

What is Collaborative Law

An out-of-court alternative based on respect
Going through a divorce does not automatically mean having to endure the turmoil that is often associated with it. You now have another choice, Collaborative Law. Developed as an alternative to the stereotypical divorce scenario, Collaborative Law is a new option for divorcing couples to resolve disputes respectfully without going to court. It offers couples a humane, solution-based approach to ending a relationship.

It differs from the traditional process because Collaborative Law promotes respect and gives control of the process to the spouses, not a judge. Clients agree not to go to court, so the process is more open and less adversarial. The goal is to enhance communication throughout the process and to lay the foundation for a healthier relationship during and after the divorce through Collaborative Law, relationships are preserved rather than destroyed.

Collaborative Law is based upon the following principles:

• The parties pledge in writing not to go to court.
• Both spouses engage in an honest and full exchange of information.
• Each solution takes into account the highest priorities of both spouses and their children.
• The parties have the freedom to withdraw from the collaborative process at any time, but upon doing so the attorneys will not represent them in court.
  

How Collaborative Law works
Once the collaborative approach has been chosen by the divorcing couple, each spouse selects lawyers experienced in Collaborative Law to assist them throughout the process. All parties sign an agreement not to go to court. However, Collaborative Law is unique in that the spouses and their lawyers meet together for face-to-face discussions and negotiations—outside the courtroom.

In an atmosphere of openness and honesty, all assets and liabilities are disclosed, needs are communicated, and solutions are explored. When children are involved, their interests are given foremost priority. In some cases, other collaborative professionals such as child specialists, financial advisers and divorce coaches, may also be involved.

The end result of Collaborative Law is a divorce agreement that has been achieved through mutual problem solving. The divorcing spouses, along with their lawyers, take control of shaping the final agreement rather than having a resolution imposed upon them by the court.

Benefits of Collaborative Law
Designed as an alternative to conventional divorce, Collaborative Law offers many distinct advantages:

• Kids count. Children are given a voice in the process through a child specialist, alleviating potential trauma that sometimes lasts for generations.
• Client remains in control. Decision making is directly in the hands of the spouses involved in the divorce rather than the hands of a judge. This means that the client is not bound by a “one size fits all” resolution.
• Parties enjoy confidentiality. Problems and assets are kept private and not a part of the public record.
• Solutions are mutually beneficial. The collaborative process recognizes and understands each client's needs, interests, concerns and goals, while allowing both parties to be heard throughout the process.
• Respect is key. Collaboration changes the notion of divorce from adversarial and win/lose to a problem-solving constructive experience in which everyone is involved in a positive, win-win situation.
• Couples can expedite the process. The time of the divorce process can be reduced if couples adhere to the principles and guidelines of Collaborative Family Law.