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Articles Posted in collaborative law

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What are the Differences between Mediation and Collaborative Divorce?

When starting the divorce process, understanding the difference between the available process choices can help create the healthiest environment for the process to proceed. In addition to a traditional adversarial courtroom process, mediation and collaborative divorce each provide a process that focuses less on confrontation and more on an optimal…

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Active Listening in the Collaborative Process

The collaborative process offers many benefits to parties that are willing to work together to reach a solution in a non-confrontational environment. When parties put in a good-faith effort to communicate respectfully, a mutually beneficial solution can be reached. Part of respectful communication includes not only speaking in a respectful…

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Best interest of the Children: A Renewed Take on the Brangelina Case Study: It Doesn’t Have To Be This Way!

Divorce and custody disputes are often material for tabloid front pages. Celebrity splits never seem to fall out of favor in the media, even though there are alternative and appropriate dispute resolution methods designed to minimize the hostility. Headlines for years have centered on Brad Pitt and Angelina Jolie –…

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Can A ‘Talking Stick’ Really Help to Resolve Impasse?

Last week a ‘talking stick’ reportedly broke the stalemate over the government shutdown.  Just what is a talking stick and how can it be used as a means of working through impasse in a negotiation? According to my research, American Indian (First Nation) tribes have used the talking stick for…

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Thinking about Dignity and Respect in Conflict Resolution – In Observance of Martin Luther King Jr. Day

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.” ― Martin Luther King Jr.  What was it about Martin Luther King Jr. that inspired us?  There are so many things including his courage…

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Negotiation Notes: Uncertainty

Entering into a negotiation with uncertainty is not necessarily a bad thing.  Thinking that we know all of the answers before a negotiation starts can lead to less flexible, positional thinking.  A reasonable agreement in divorce is different for each family.  For that reason, we can enter into the negotiation…

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The Financial Aspect of Divorce

The divorce process involves the uncoupling of many aspects of life. Perhaps the most talked about is the financial aspect.   Creating and understanding your own financial snapshot can be an important step in making the divorce process a productive one.  A fair resolution will address how to divide assets and…

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Creating an Effective Parenting Plan: Considerations and Questions for Parents

The divorce process is an emotional time. Tensions surrounding a parenting plan may mount even when both parents prioritize the needs of the children.  Responsiveness, stability, and practicality are significant factors in developing a parenting plan. As parents begin to develop a parenting plan, the need for flexibility is also…

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Conscious Uncoupling and its Relation to Collaborative Law & Divorce

In 2014, actress Gwyneth Paltrow and musician Chris Martin divorced. Like many celebrity breakups, news of the couple’s separation and divorce made headlines across the country and beyond.  One particular detail elicited a reaction from many people: the phrase “conscious uncoupling.”  People were interested in hearing about this couple’s take…

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The Right Thing To Do – A Tribute To The Greatest Generation

With so much end of year busyness, it sometimes takes effort to stop for a moment to remember what is important.  I was in the post office last week to send out some holiday presents when one of those moments occurred.[1]  An elderly man slowly walked up to the counter…

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