A respectful divorce: collaborative process involves team approach--not courts--to settle disputes.

• Author: Bartholomew, Hal
• Position: DISPUTE RESOLUTION

CPAs, judges, attorneys, other professionals and especially divorcing couples are becoming increasingly dissatisfied with the stress and high costs that too often occur in the family law adversarial process.

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The most popular dispute resolution process has been mediation, but a new approach--Collaborative Practice--provides an alternative to the sometimes adversarial legal process that CPAs can find themselves in the middle of as forensic experts, financial counselors or as the parties' tax preparers.

CPAs are often the first professional financial adviser contacted by a divorcing couple. Their role in advising clients of the appropriate dispute resolution options available will provide a great service to them and likely result in having a continuing relationship with both in the future.

NO NEED FOR COURTS

Collaborative Practice allows the divorcing couple to resolve their disputes without going to court. It is understood that the attorney's representation is limited to the collaborative process and that neither of the attorneys can ever represent them in court in a proceeding against the other spouse.

The elimination of the threat of litigation creates a profound change for the participants, their attorneys and other team members--which often includes CPAs--involved in the divorce. Cooperating, information sharing and creative problem solving replace suspicion, fear and distrust. Full control of the process rests with the divorcing couple.

A contract and court stipulation (when appropriate) confirming the principles and guidelines are an integral part of the process. Without such agreements, the process would be a cooperative divorce, not a total commitment to good faith negotiation and the mutual trust that results.

Principles guiding the collaborative process include:

* A binding agreement by the attorneys and parties to avoid litigation.

* Agreement to provide full, honest and voluntary disclosure of all information.

* Employment of a team of skilled neutral experts, jointly retained by the spouses.

* A process of informal meetings.

Either party may, without reason, terminate their role in the process and proceed along the more traditional path of individual representation and court intervention. A disincentive to litigation is built into the process by the provision that counsel will not represent the party that elects litigation. Collaborative counsel also will withdraw from participation if the client refuses to...