Collaborative
divorce is a form which is relatively new to the San Diego area. However,
this form has achieved great popularity in the San Francisco Bay and
the Minneapolis/St. Paul areas. Collaborative divorce was recently highlighted
on the national television program "60 Minutes" and in the
magazines "Reader’s Digest" and "San Diego Lawyer."
Along with several other San Diego professionals, in January 2001, attorney
Klueck participated in an extensive training program in the Phoenix
area in the theory and practice of collaborative divorce.
Collaborative
divorce involves elements of both other forms of divorce, litigation
and mediation. Like litigation, each party is represented by their own
attorney. Like mediation, information must be freely shared and the
utmost of good faith is required. Also, like mediation, collaborative
divorce is very useful when the parties will likely have future dealings
with each other due to children, family or business connections.
A
form of collaborative divorce involves other professionals assisting
the parties. The parties could each retain a trained mental health professional
to serve as a divorce "coach." The coach is usually the same
gender as the divorcing party and assists the divorcing spouse in communicating
with the other spouse and with other psycho-emotional aspects of the
divorce. Where there are minor children involved, another mental health
professional can aid as a children’s assistant. Additionally, collaborative
parties often employ a joint financial planner to assist them in arranging
their financial survival in a post-divorce world.
Although
the assistance of any or all of these other professionals may be desirable
in any given case, only the two collaborative attorneys are absolutely
required for the process of collaborative law to work. (Divorce coaches
are often desirable, but not necessary, additions to the collaborative
team. Such coaches may not be employed depending upon the finances and
emotional requirements of any given case. However, if one party employs
such a coach, both parties must, or there will be an intolerable imbalance
and the process cannot function properly.)