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Difference between revisions of "Collaborative Negotiation"

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==Next steps in the collaborative process==
==Next steps in the collaborative process==


The majority of the work in the collaborative process takes place in meetings with the collaborative professionals and the couple.  The professionals strive to identify the needs and interests of each spouse, and together with the spouses, discuss options for settlement and seek resolution of the issues. Typically the couple is very involved in the discussions and retains control over the process and the outcome. As needed, the divorce coaches and the financial neutral participate in these meetings.
The majority of the work in the collaborative process takes place in meetings with the collaborative professionals and the couple.  The professionals strive to identify the needs and interests of each spouse, and together with the spouses, discuss options for settlement and seek resolution of the issues. Typically the couple is very involved in the discussions and retains control over the process and the outcome. As needed, the <span class="noglossary">divorce</span> coaches and the financial neutral participate in these meetings.


===Financial disclosure===
===Financial disclosure===
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===Exploring options for settlement===
===Exploring options for settlement===


Once financial disclosure has been made, the spouses and the collaborative lawyers (sometimes a financial neutral is involved) begin exploring options for settlement while maintaining confidentiality throughout. If necessary we obtain an opinion with respect to the current market value of real estate, shares in a business or other assets.  In the collaborative process a joint retainer for one opinion is typically sought to begin the discussions.
Once financial disclosure has been made, the spouses and the collaborative lawyers (sometimes a financial neutral is involved) begin exploring options for settlement while maintaining confidentiality throughout. If necessary we obtain an opinion with respect to the current market value of real <span class="noglossary">estate</span>, shares in a business or other assets.  In the collaborative process a joint retainer for one opinion is typically sought to begin the discussions.


Discussions continue until the spouses reach a resolution that meets some of the highest needs of each spouse.  Because settlement discussions are confidential, brainstorming options for settlement can be expansive.  Settlements can and often are creative, depending on the needs of each spouse.   
Discussions continue until the spouses reach a resolution that meets some of the highest needs of each spouse.  Because settlement discussions are confidential, brainstorming options for settlement can be expansive.  Settlements can and often are creative, depending on the needs of each spouse.   


You may want to have a look at "[[Family Law Mediation#Tips for successful mediation|Tips for successful mediation]]" in the section on [[Family Law Mediation]] in this chapter. It has information about communication skills that can be helpful during the negotiation process.
You may want to have a look at [[Family Law Mediation#Tips for successful mediation|Tips for successful mediation]] in the section on [[Family Law Mediation]] in this chapter. It has information about communication skills that can be helpful during the negotiation process.


===Parenting plan===
===Parenting plan===


When there are children, the parents will often work with the divorce coaches to resolve a parenting plan.  The parents meet with the divorce coaches to create and finalize the parenting plan focusing on the best interests of the children.  If needed, a child specialist may be involved to meet with the child or children to bring back to the parents and the coaches the voice of the child or children.  While the coaches are working with the parents to finalize a parenting plan they can often help the parents to deal with any emotional issues that arise and equip the parents to co-parent in a more effective way going forward.  
When there are children, the parents will often work with the <span class="noglossary">divorce</span> coaches to resolve a parenting plan.  The parents meet with the <span class="noglossary">divorce</span> coaches to create and finalize the parenting plan focusing on the best interests of the children.  If needed, a child specialist may be involved to meet with the child or children to bring back to the parents and the coaches the voice of the child or children.  While the coaches are working with the parents to finalize a parenting plan they can often help the parents to deal with any emotional issues that arise and equip the parents to co-parent in a more effective way going forward.  


===Reaching an agreement===
===Reaching an agreement===