COLLABORATION

Mr. Martin often serves as a Collaborative Attorney for someone who is getting divorced. Collaboration has evolved over the last several years substantially in response to those who were frightened of mediation because they did not have an independent attorney to accompany them to the mediation sessions. Collaboration offers a sensible and respectful process for identifying and resolving all of the legal issues that face any couple experiencing separation and divorce. In Collaboration, much of the work is done during four-way meetings. These meetings, which are confidential, are attended by the two people who are getting divorced and their independent collaborative attorneys. Other professionals might attend, but only if both of the parties agree to invite these other people. Those who might be invited include child rearing specialists whom the divorcing couple have jointly retained, communications coaches, financial specialists, appraisers, and accountants. During these meetings, the couple discuss the legal issues they face and, with the assistance of the Collaborative Attorneys, can reach a settlement that each of them finds reasonable and that each of them can accept. In between sessions, Mr. Martin confers with his clients to assist them in the process of gathering information and filling out the forms required by the courts. These forms include property and income disclosure forms. While these forms are not filed with the court, they must be served on the other party in order to obtain a final judgment. Mr. Martin, as an experienced and seasoned family law attorney, can brainstorm with his client privately in an effort to identify solutions that might work. During the four-way meetings, he helps his client to articulate the reasons that a suggestion might work and might be acceptable to both parties. He also assists the other party in hearing his client's concerns and viewpoints. During the collaboration process, the two who are getting a divorce are educated about the issues they jointly face. During the four-way meetings, they discuss and settle these issues without having a court, or indeed any third party, intervene. No decisions are forced on them. The only binding decisions are those that they voluntarily entere into. Divorce is never a pleasant experience, but the process of reaching an agreement on the legal issues does not have to feel like being run over. It does not have to be impersonal and rushed, as many report feeling the litigation process leaves them. The collaboration process begins either by signing a stipulation and order regarding collaboration, or by signing an Agreement to Collaborate. Mr. Martin prefers to begin the process by signing an agreement because it is more compatible with the whole idea of collaboration: the parties begin the process by voluntarily entering into an agreement rather than by turning to a court for authorization. If you would like to view a specimen copy of Mr. Martin's Agreement to Collaborate, click here.