By Tamie Jo Morog
Lebanon — Recently I attended the 10th Anniversary Educational Forum of the International Academy of Collaborative Professionals. Collaborative professionals from many of the states, Great Britain, Canada and other countries attended. The majority of attorneys who attended the forum were family law attorneys and were there to hone their collaborative skills.
During the past year, I have participated in a number of dissolution cases using the collaboration process. True to the hopes of Stu Webb, the father of the collaborative process, some of the parties that I have represented have reconciled with their spouses. Also true to Stu Webb’s idea, the cases where the marriage was dissolved using collaboration have been less traumatic than litigation would have been.
The benefits of the collaborative process vs. litigation, as I have seen them, include the following:
n A better outcome for all family members;
n A process which focuses on the concerns most important to the parties;
n A less confrontational and less adversarial process;
n A more respectful process;
n The parties have more control over the outcome;
n A less stressful process for all participants;
n Professionals who work as a team to help parties solve problems;
n A process that provides sufficient time to address all of the parties’ concerns; and
n A process better suited to each party.
Many of the attorneys and other professionals that attended the forum, refuse to step inside a courtroom anymore. Collaborative participants understand that going to court is the last resort not the first choice. They want an attorney who is a healer and a problem solver. As I have gone through the process with my clients, I have seen hurt, anger and bitterness. I also have seen healing, forgiveness and a relationship that survives the divorce. I believe the collaborative process is the most consistently efficient and economical option of all methods of conflict resolution that I have used.
It is my personal belief that most divorces and post dissolution matters can be resolved using the collaborative process. Divorce impacts not only the two spouses, but also has a big impact on the children, who are faced with the uncertainty that surrounds their parents’ separation. Collaborative practice allows clients to put their children’s interest to the fore. The collaborative process should be attempted prior to litigating in court.
More and more attorneys in Indiana are being trained in the collaborative process. Only those attorneys trained in the collaborative process can actually be a member of the International Academy of Collaborative Professionals.
Though it is difficult to sit across the table and face a spouse that you have loved and lived with, and are now divorcing, it is healthy to work through the issues together in a Collaborative setting rather than a litigation setting. I encourage you, if you are considering divorce, to search for a collaborative attorney. Your family will benefit greatly if the parties utilize the collaborative process to resolve your family’s issues.
Editor’s Note: Tamie Jo Morog is an attorney with the firm of Kirtley, Taylor, Sims, Chadd & Minnette, P.C.. This column is meant to provide general information only and is not to be construed as legal advice. For specific information concerning your case, consult a lawyer.
