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This unique new handbook explains this emerging dispute resolution model of collaborative law that is helping family lawyers bring their clients through the divorce passage with integrity and satisfaction. Collaborative Law describes how this approach engages the unique problem-solving skills of lawyers to achieve settlements that creatively and appropriately customize outcomes in the way that few courts are able to achieve. In the collaborative process, fees and costs are minimized, high-quality legal counsel and negotiating assistance are built in, and the ability of divorcing spouses to cooperate and coparent is maximized to a dramatic extent.
"Finally, family law lawyers have a single, authoritative Canadian treatise on collaborative family law. "Collaborative family law" is a process where parties and their counsel adopt a cooperative, constructive approach to resolving family law conflicts. Family law lawyers across the country are embracing the collaborative law approach as the preferred method of serving their clients.
Forrest S. Mosten Collaborative Divorce Handbook Helping families without going to court Praise for Collaborative Divorce Handbook "There are many roads to peace. Whether you engage in collaborative practice, which by definition includes the provision that professionals will not represent the parties in litigation, or some other process for respectful conflict resolution, you will find Collaborative Divorce Handbook to be an invaluable resource for deepening your understanding and enhancing your skills as a peacemaker." Talia L. Katz, JD, executive director, International Academy of Collaborative Professionals "Collaborative lawyering is a promising new way of resolving disputes through joint problem solving rather than adversary litigation that has particular appeal for divorce cases. Whether you are a client who seeks to learn more about it or a lawyer using it who desires a wise guiding hand, this book is an invaluable resource." Frank E. A. Sander, Bussey Professor Emeritus, Harvard Law School "Written by one of the innovative thinkers in the field, Collaborative Divorce Handbook is a treasure of information for all professionals interested in collaborative divorce. Easy to read, expansive, and chock-full of resources, it is bound to become a classic." Constance Ahrons, PhD, author, The Good Divorce and We're Still Family, and professor emerita, University of Southern California "Family law is changing. As more people realize that the adversarial process is expensive, degrading, and stressful, they look for alternatives and find it in various forms of alternative dispute resolution. Woody Mosten is the nationally recognized leader of this movement, and his book on collaborative practice literally will be 'The Handbook' we will all follow." Garrett C. Dailey, Esq., CFLS, AAML, president, Attorney's BriefCase, Inc.
Divorce is hard, but it doesn’t have to be so painful. Collaborative Divorce offers a different, more peaceful path to ending a marriage; this book shows you how to do it. Divorce is like a death in the family, except no one is bringing you food. This book is a myth buster, and an antidote to the negative messaging about divorce. It offers hope and encouragement for the reader to choose a divorce process that aligns with their own core values. Values such as dignity, mutual respect, integrity, and compassion. It offers the reader an introduction to Collaborative Divorce, both the mindset and the process, as it has been established and practiced for the past thirty years. Collaborative divorce is an interdisciplinary, non-adversarial divorce model. It is like mediation on steroids. Divorce is a complex process. It involves legal, psychological, and financial considerations. Collaborative divorce uses an interdisciplinary approach, and it is not dominated by the lawyers and is more cost efficient. A skillful mental health coach addresses emotional issues such as anger, sadness, rage, betrayal, guilt, shame, excitement, relief, and acceptance for everyone in the family. The financial neutral will collect, organize, analyze, and present the financial resources of the couple in a way to ensure an equal understanding of what can often feel like overwhelming amount of data. The lawyers provide legal advice. The core focus of the book is to reframe divorce from a shame and blame game to a paradigm where divorce is viewed through the lens of grief. It offers each reader an opportunity to show up for their divorce and present their best selves, even if they don’t feel like it. It emphasizes honor and respect for everyone involved. This book is an open and honest portrayal of divorce from the perspective of a veteran divorce attorney, who has also been divorced. We live in a time of volatility, uncertainty, complexity, and ambiguity. A divorce is just like that, and the antidote to those conditions include concepts like collaboration, deep listening, innovation, flexibility, and an ability to pivot. Collaborative divorce is the best kept secret of family lawyers. It is an opportunity to emerge from a divorce, healthy and wholehearted, not bitter, and resentful. Learn how to do it here.
Helping all professionals - lawyers, mental health professionals, financial neutrals, etc. - who practice in the area of Collaborative Divorce, this book explains how marital dynamics (both conscious and unconscious), combined with the traumas of the divorce as well as those from previous situations, will be re-enacted within the Collaborative process. This enlightening book integrates elements of effective psychotherapy into the Collaborative process, although its lessons can be as easily applied to divorce cases handled through litigation and mediation.
Collaborative divorce is an emotionally intelligent approach to divorce that is gaining popularity and attention in New York from people who wish to preserve their ability to co-parent effectively and divorce with dignity, respect and compassion. If you are interested in:* Protecting your children's emotional wellbeing* Focusing your resources on resolution rather than retribution* Finding a way to work together to find solutions that make sense for all of you* Focusing on creating a plan for your future Then you should know about the Collaborative Divorce option. This guidebook to Collaborative Divorce offers important information about the process for people facing divorce in New York.
Divorce is an emotional process. And if you believe the horror stories, you probably think that divorce leads to years of court battles, attorneys' fees, and lasting damage.But did you know that divorce doesn't have to be this way? You can get divorced from your spouse with minimal court time and plenty of cooperation and compromise. And you don't have to spend a fortune on getting the results you want.Enter Divorce Without Court: A More Peaceful Solution. Written by award-winning divorce and family law attorney Andrea Vacca, this book has everything you need to know about divorce outside of court. From mediation and collaborative divorce to step-by-step strategies to keep your divorce under your complete control, Divorce Without Court is your answer to pursuing the resolutions you want-without the need for a judge's intervention.In this book, you'll learn more about: - What options you have to keep your divorce out of court- The basics of divorce mediation and how it works- The benefits of mediation and alternative conflict management strategies- Issues you can resolve in collaborative divorce- How collaborative divorce works to benefit you and your family- Choosing a divorce attorney who meets your unique needs- Working through conflicts in the meeting room rather than the courtroom- First steps to keep your divorce out of court- Checklists you can use to start planning and preparing for your divorceAnd much more.You'll also have the knowledge of a skilled family law attorney at your fingertips. For decades, family law and divorce lawyer Andrea Vacca has served divorcing couples with alternative conflict solutions that help their divorces stay out of court. Backed by real-life experience and legal acumen, Attorney Vacca knows just how difficult divorce can be. But with her effective preparation strategies and information by your side, you'll be well-equipped to schedule a consultation with your lawyer and start moving toward the future you want.Whether you choose collaborative divorce or divorce mediation, one thing is clear: a non-adversarial approach to divorce will benefit everyone in your family and help you end your marriage with as little conflict as possible. If you want to...- Avoid the drama- Prevent high emotions- Evade the impersonal nature of the courtroom, and- Handle your divorce quietly and privately, without the need for a court's intervention... then this book is for you.Don't let the thought of divorce keep you from pursuing the future you want and deserve. Read Divorce Without Court today and discover your peaceful solutions.
"Focusing on family law practitioners, [this book] is a particularly appropriate resource given the unique promise that unbundling holds for family law litigants. In many jurisdictions, self-representation rates are highest in family cases. But, as any family law attorney (or family court litigant) knows, these are the case types that arguably benefit most from attorney involvement. Family issues are among the most sensitive and pressing matters that enter our civil justice system, and the outcomes of these cases can affect entire families for years to come. This important new book provides a crucial step forward in matching individuals with the family law services they need." -- Publisher's website.
Written by an experienced attorney who frequently speaks on various family law topics, Prenuptial Agreements Line by Line is a comprehensive examination of the crucial components included in a sample prenuptial agreement for the family law practitioner, general practice attorney, paralegal, mediator, or law student. This book explains the reasoning behind different clauses in a prenuptial agreement, including those that address the division of marital and separate assets, consideration, spousal support, attorneys fees and costs, alternative dispute resolution, and confidentiality to help meet the specific needs of each client. The sample agreement contained in this book outlines a variety of options and alternatives in drafting a prenuptial agreement, including some ways spousal support can be addressed, how property and debt division might be tackled, as well as potential confidentiality issues and potential agreements on alternative dispute resolution. While this agreement is not designed to include every possible provision, it acts as a useful starting point for the drafting of an enforceable contract. Prenuptial Agreements Line by Line is a valuable resource for anyone who has ever helped draft or negotiate a prenuptial agreement.