The Collaborative Divorce Process: Benefits and Limitations of Non-Judicial, Non-Adversarial Divorce Proceedings

This program has been cancelled

A live 90-minute CLE webinar with interactive Q&A


Wednesday, June 6, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will guide family law attorneys through the collaborative divorce process. Our panel will discuss the advantages and limitations of the method and provide counsel with crucial insight on when this effective conflict resolution strategy can most benefit clients considering divorce.

Description

The collaborative process can provide divorcing spouses a private, non-adversarial means of ending a marriage without judicial involvement. While vastly different from litigation, practitioners familiar with this method can offer clients a higher level of confidence in the outcome of proceedings due to the increased control the parties have over the process.

At the outset, the parties and their attorneys enter into a collaborative stipulation or participation agreement. This agreement binds all parties to fully disclose relevant financial information, jointly select and pay the cost of any necessary experts (accountants, vocational experts, child psychologists, mental health professionals), and commit to a non-court resolution of the marital matters. This agreement takes the added measure of requiring counsel for the parties to withdraw from representation if their clients decide to pursue litigation.

Listen as our panel of collaborative law practitioners provides critical guidance on maximizing the advantages of this process in divorce cases while sidestepping pitfalls that could derail resolution.

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Outline

  1. The collaborative process—overview
    1. Parties
    2. Counsel
    3. Experts/advisers
  2. The collaborative participation agreement
    1. Scope
    2. Disclosures
    3. Ethical considerations for counsel
  3. Benefits
  4. Limitations

Benefits

The panel will review these and other critical issues:

  • What measures can counsel take to ensure good faith participation without judicial oversight of the process?
  • To what extent is the process available in cases where there is a broad financial disparity between the parties?
  • What remedies are available in the event one of the parties violates the collaborative stipulation or resulting settlement agreement?

Faculty

Stange, Kirk
Kirk C. Stange

Founding Partner
Stange Law Firm

Mr. Stange has years of complex family law litigation experience. He is a frequent lecturer at CLE seminars, locally...  |  Read More

Kershman, John
John D. Kershman

Partner
Stange Law Firm

Mr. Kershman is a family law attorney, focusing his practice on divorce, child support and custody, and collaborative...  |  Read More