The Collaborative Way

Philosophy

For most people, the word “divorce” means: loss of family and/or friends, taking sides, resentment, conflict, loss of control, etc. Collaborative Divorce is a new way to transition through divorce without going to court and feeling as if you must “defend yourself.” Collaborative Divorce creates a cooperative environment, decreases stress and strives to obtain the best possible outcome for all involved.

Built on the belief in human dignity and respect, Collaborative Divorce aims to provide assistance to participants who agree to work together respectfully, honestly and in good faith. Using the assistance of a team of professionals, the emotional, financial and legal aspects of divorce are addressed in a safe, cooperative and non-adversarial environment. Everyone is challenged to operate from their “higher-self” by acting with integrity in the spirit of cooperation and mutual respect.

Collaborative Practice is based on three principles:

• A pledge not to go to court
• An honest exchange of information by both parties
• A solution that takes into account the highest priorities of both parties and their family

By maintaining a workable relationship, participants are able to maintain control of the divorce process, reduce conflict, anxiety and uncertainty, preserve their privacy, protect their children and create an equitable co-parenting plan. Even though the marital relationship is over, the parenting relationship continues to exist. It is a well-known fact that children who successfully transition through divorce have parents who have been able to maintain a dignified working relationship. It may not be easy: it is possible.

History

Collaborative Law has its roots in Minneapolis, Minnesota in 1990. Attorney Stu Webb became discouraged with the conventional way of divorce after defending clients and “winning” knowing that the family as a whole was left in shambles. He knew there had to be a way to help families’ transition through divorce where everyone’s needs are taken into consideration and conflict is minimized: a “win-win.” After discovering that other attorneys felt the same, a group formed who began practicing divorce law collaboratively. Collaborative Law uses two collaborative attorneys who meet with the clients together to work out an agreement without going to court. Since that time, many different forms of Collaborative Practice exist and are practiced throughout the world.

The Interdisciplinary model of Collaborative Practice was started in California by Psychologists Peggy Thompson and Rodney Nurse and Social Worker, Nancy Ross. Believing that the emotional aspect of divorce was just as deserving of attention as the legal aspect, they began working with a group of non-litigious attorneys who agreed to work with them as a team. This was the beginning of Interdisciplinary Collaborative Divorce. This model includes attorneys, mental health professionals, a child specialist and a financial specialist all working as equal team members. There are currently many different forms of interdisciplinary practice around the country and the world.

HISTORY OF THE COLLABORATIVE DIVORCE MOVEMENT IN LOUISIANA

In 2002, Judge W. Ross Foote of the 9th Judicial District Court for Rapides Parish traveled across the United States looking for a collaborative model to bring to Louisiana. He did extensive research before selecting the interdisciplinary model. At Judge Foote’s request, the creators of the Interdisciplinary Collaborative Divorce model designed the “perfect model” then came to Alexandria Louisiana to train a very enthusiastic group of professionals. It was here that collaborative practice began in Louisiana.

In November 2003, twelve professionals from Southeast Louisiana attended a Collaborative Divorce training offered in Alexandria Louisiana. Elated by a model of divorcing without court intervention and the propensity to destroy families, the New Orleans group quickly bonded and met for the first time as a practice group on December 5, 2003. To expand the knowledge of collaborative practice to professionals in the New Orleans area, their first task was to organize a local training. With great success, the training was offered through Loyola Law School and attracted 300 professionals.

Now known as the Collaborative Professionals Group of Southeast Louisiana LLC (CPGSEL), it is only one of five groups of collaborative divorce professionals across the state. Others include: The Collaborative Professionals Group of Central Louisiana (CENLA), Acadiana, North Louisiana and the Bayou region. CPGSEL currently has 70+ active members.