Conflict R lict Reso solu lutio tion Str Strategies Host: - - PowerPoint PPT Presentation

Conflict R lict Reso solu lutio tion Str Strategies

Host: Okanagan Collaborative Family Law Group

Bruce Plaxton, CPA, CA, CBV, Financial Neutral Bev Churchill, LLB, Lawyer Mary Ellen McNaughton, BSC, MSC, MED, CCC, Divorce Coach

http://collaborativefamilylaw.ca/

Di Disput spute T e Types: pes:

• Family Law Disputes (Separation and Divorce)
• Shareholder Disputes
• Strata Disputes
• Estates Disputes
• Commercial Litigation Disputes

Co Conflict lict R Reso solu lutio tion O Optio tions:

• Kitchen Table
• Mediation
• Collaborative Practice
• Lawyer Negotiated Settlement
• Settlement Conference
• Court

Party Involvement & Control Low High

Ar Areas of Di eas of Differ erence i ence in R Resol soluti tion

• n Opt

Options:

• ns:
• Basis for Decisions
• Goal and Measure of Success
• Issues that may be Addressed
• Who Makes Final Decision
• Role of Lawyer
• Neutral Team Support
• Likelihood of Post Agreement

Litigation of New Issues

• Who Controls the Process
• Degree of Adversity
• Cost

Collabor Collaborativ ive T e Team am Com Composition

• sition
• Lawyers
• Divorce Coach / Child Specialist
• Financial Neutral

Co Colla llaborativ tive P Process -

• Foundatio

ions : :

• Explore Needs
• Parties Know Interests and Needs
• Communication
• Emotion Can Create Conflict
• Safe and Secure
• Focus on Mutual Interests
• Reduce Conflict
• Voluntary Agreement
• Open and Frank
• Courts are NOT the Best Option

Collabor Collaborativ tive P Process –

• cess – Essen

ssential Elem ial Elemen ents : ts :

1. Professionals Trained in Dispute Resolution

• Mediation – minimum of 5 days
• Collaborative – minimum of 2 days

2. Participation Agreement

• Written and Signed by Clients and Lawyers
• No Court
• Status Quo – Stability Assets and Children
• Suspension of Limitation Period
• Withdrawal and Disqualification of Professionals

Collabor Collaborativ tive P Process –

• cess – Essen

ssential Elem ial Elemen ents : ts :

3. Neutral Professionals – Coach, Child Specialist, Financial Specialist

• Written and Signed Participation Agreement
• For One or Both Clients
• Support, Educate, Advise

4. Meetings, with an agenda to focus on:

• What is Important to Each Spouse and Both Spouses
• Any Pressing Issues
• Information We Have, Need or Want

Role le o

• f Fin

Financial N ial Neutral: l:

Role/Common tasks

• Information gathering
• Educate the parties and lawyers on financial issues
• Assist with post-divorce budgets
• Assist with asset allocation options and equalization
• Business valuations, income for support calculations, tax

planning, real estate appraisals

Role le o

• f Fin

Financial N ial Neutral: l:

Benefits of working with a financial neutral

• Help balance financial understanding of the parties
• Foster atmosphere of full disclosure
• Focus on education (parties and lawyers)
• Provide structure
• Allow the parties to be full partners in the financial

restructuring of the family

Role le o

• f Fin

Financial N ial Neutral: l:

Common Designations of Financial Specialists

• CPA (CA, CGA, CMA) - accounting and tax
• CFDS - Chartered Financial Divorce Specialist – Canadian

Based

• CDFA - Certified Divorce Financial Analyst – US Based
• CFP - Certified Financial Planner
• CBV - Chartered Business Valuator

Role le o

• f Co

Colla llaborativ ive La Lawyers:

1. Represents the interests of his/her client while maintaining the overall goals of the Collaborative Process

• Mutually Acceptable “Shared” Resolution
• Appreciation of What is Important to Each Client

Role le o

• f Co

Colla llaborativ ive La Lawyers:

2. Provides legal advice, negotiation support, and drafts and revises agreements and the divorce documents

• Non - Positional Negotiations
• Encourage and Support Active Participation by Clients
• Durability of Outcome

Role le o

• f Co

Colla llaborativ ive La Lawyers:

3. Works collectively and cooperatively with the other Collaborative lawyer and the Collaborative “Team”

• Attitude of “Sharing” and Finding Common Ground and Options
• Honest, Respectful and in Good Faith
• Trust and Transparency
• Model Communication
• Information Exchange
• Future Focused

Role le o

• f H

Help lpin ing P g Professio ssionals: s:

• Divorce Coach
• Child Specialist

Role le o

• f H

Help lpin ing P g Professio ssionals: s:

Role of the Divorce Coach

• Emotional support and encouragement for clients
• Support to gain clarity around needs and interests
• Insight and education about personal dynamics and emotional triggers
• Education and feedback on communication styles (1 degree course

correction)

• Barometer for the emotional climate in the room during negotiations
• Gatekeeper for respectful communication and emotional safety
• Feedback for all members of the team

Role le o

• f H

Help lpin ing P g Professio ssionals: s:

Role of the Child Specialist

• Insight and education on developmental needs

and support for children

• Support with realistic parenting plans
• Education and encouragement with co-
• perative co-parenting

Thank y Thank you! u!

Questions?

http://collaborativefamilylaw.ca/