Collaborative Negotiation: Difference between revisions
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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 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, other professionals (<span class="noglossary">divorce</span> coaches, financial neutrals, child specialists, etc.) participate in these meetings. | ||
===Financial disclosure=== | ===Financial disclosure=== | ||
As in any process used to resolve matters arising from separation, financial disclosure is essential. The collaborative lawyers | As in any process used to resolve matters arising from separation, financial disclosure is essential. The collaborative lawyers seek full disclosure of all documents and information relevant to the issues between the spouses. Relevant documents often include: | ||
*statements for bank accounts, retirement savings accounts, investment accounts and all other financial assets, | *statements for bank accounts, retirement savings accounts, investment accounts, and all other financial assets, | ||
*current statements for debts including loans, mortgages and credit cards, | *current statements for debts including loans, mortgages, and credit cards, | ||
*income tax returns, | *income tax returns, | ||
*corporate financial statements and corporate tax returns, and | *corporate financial statements and corporate tax returns, and | ||
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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 <span class="noglossary">estate</span>, shares in a business or other assets. In the collaborative process a joint retainer for | 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 a single opinion of an expert valuator 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. | ||