Divorce is painful. The dissolution of a marriage can put both spouses on an emotional rollercoaster. Additionally, these troubled times can have a ripple effect impacting not only the family, but everyone who interacts with them – friend, colleagues, and business contacts. When we read about the conflicts of prominent citizens in the paper, such as the articles on Gedney Howe's divorce featured in last Saturday's Post&Courier; and subsequent letters to the editor, the ripple extends to the whole community. Divorce is the result of many problems, one of which is the common problem of our inability to resolve conflicts. American culture emphasizes quick fixes, glorification of violence and a love of litigation (a good fight). It does much to promote conflict and is much "quieter" about promoting honest communication and problem solving. True conflict resolution requires the often difficult and time consuming work of understanding the heart of a conflict and resolving it from the inside out. The stresses that cause family conflict are numerous and are often exacerbated by lack of communication and lack of problem solving skills. One need only read one or two issues of the Post&Courier to find numerous illustrations of family conflicts that have spilled out of personal relationships into the public arena. These conflicts are often being resolved by the criminal or family courts. Without effective problem solving and communication skills, many disputes lead to domestic violence. According to an article in the Post and Courier last Saturday, 2006 saw more than 300 crimes related to domestic violence in Charleston County. When it comes to the conflicts involved in divorce and related matters, couples have choices to make for their families. Within this confusing and difficult time, there are opportunities to increase or decrease the conflict. The Collaborative Law process reduces conflict and its ripple effect. In addition, trained attorneys are modeling and teaching clients skills for addressing family conflict. These skills help clients throughout the divorce process and beyond it. Those involved in the collaborative process are always mindful of the fact that the family will remain a family after the divorce, regardless of their living arrangements and the distribution of their material possessions. Collaborative Law is a form of dispute resolution which is non-adversarial and non-litigious. It is similar to mediation in these ways, but is specifically designed to help meet the future needs of divorcing families as well. In the article about the use of mediation as it related to the Howe's divorce, we learned about Mark Andrews' use of "shuttle diplomacy". The need to keep clients in separate rooms points out a couple of ways that mediation can fall short. One is that mediation is often resorted to after couples have been to Family Court and either run low on money for the fight, or have been ordered to mediation by the Court. The tensions most likely have increased by their visit to the Court – it is costing them time and money in addition to emotional stress. Therefore, when they get to mediation they have to be kept separate. The other problem with this kind of mediation is that the parties must leave all the communication to the mediator. Unlike court appointed mediation where both parties have already retained trial counsel and may be hardened in their expectations and demands, in Collaborative Law, both parties and their respective collaborative lawyers meet in a confidential setting and work together in a mature way to settle all issues. Attorneys are trained to facilitate discussion, encourage communication, and model problem solving skills. Sometimes therapists, family counselors, and financial consultants, also trained in the collaborative process, assist the parties reaching an agreement. An additional benefit of a Collaborative Law process is discretion—keeping private business in a divorce private. The Howe's divorce is a perfect example of very private matters made available for public scrutiny and our culture fosters this approach. But most of us would prefer to keep our personal business to ourselves. In Collaborative Law, there is no court involvement until the couple has resolved all of their issues, then only generic pleadings are filed requesting court approval of their settlement agreement. Attorneys are in a unique position and have a responsibility to reduce conflict while increasing civilized communication. Not only can we help our clients resolve their immediate legal problems, we can perform a service to our community by showing that family conflict does not have to result in completely broken relationships and public airing of personal issues. Through the Collaborative Law process, clients develop the confidence to know that they can resolve their problems in any future conflict by using the problem solving skills that have been modeled for them and which they have used in their divorce process. While no divorce is easy, Collaborative Law is financially and emotionally efficient. The Collaborative process can greatly decrease the emotional stress on the family and empowers participants with life-long communication skills and strategies to handle future issues before they escalate into conflict. Families using collaborative divorce often report better relationships after the divorce than before. As an attorney, that is a result which gives me great satisfaction.
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