Created in partnership with the Central Ohio Association of Collaborative Professionals, this program will take practitioners through a live collaborative law case in the family law practice area. This is part four of a six-part series.
This session will educate participants on the first collaborative meeting showing how the attorneys and neutrals interact with the parties and how their roles compliment each other.
The Collaborative Framework
- Brief overview of the collaborative participation agreement, including key commitments from both clients and professionals.
- Explanation of the collaborative family law statute in Ohio and its unique implications, such as disqualification clauses for litigating attorneys.
- Emphasis on the importance of team debriefs to review progress, address challenges, and plan for subsequent meetings to maintain efficiency.
- Best practices for documenting action items, decisions, agreements, and assigning “homework” for future meetings.
First Collaborative Meeting Best Practices
- Structuring the first meeting to set the tone for respectful and productive interactions.
- Importance of preparing and sharing an agenda ahead of time to keep discussions on track and avoid surprises.
- Assigning roles during meetings (e.g., note-taker, timekeeper) to ensure accountability.
- Strategies to draft meeting minutes that accurately reflect agreements and provide a record for all parties.
- Tips for keeping meetings client-focused, avoiding positional bargaining, and fostering a safe space for open communication.
Roles and Responsibilities in the Collaborative Process
- Understanding the distinct roles of attorneys, financial neutrals, and family specialists.
- How professionals work together to provide holistic support to clients.
- Examples of how collaborative roles complement one another to ensure a balanced approach to decision-making.
- Discussion of ethical considerations, including neutrality, confidentiality, and empowering clients to take ownership of the process.
Client Goal Identification and Brainstorming Techniques
- Encouraging clients to articulate their personal goals, financial objectives, and parenting priorities.
- Methods for identifying overlapping goals to build common ground while respecting differing interests.
- Techniques to brainstorm solutions, including the use of visual tools like whiteboards and structured brainstorming sessions.
- Tips for reframing positional statements into shared goals (e.g., “I need to keep the house” to “We want stability for the children”).
Financial Disclosure and Planning
- Overview of financial disclosure requirements, including assets, debts, income, and expenses.
- Tools and templates for organizing financial information and ensuring full transparency.
- Role of the financial neutral in analyzing data and presenting options for equitable division.
- Strategies for addressing sensitive topics, such as separate property, inheritance, and debts.
- Best practices for developing temporary financial agreements, such as agreements to be relied upon for maintaining stability during the process.
Parenting Plan Development
- Discussion of the key elements of a shared parenting plan, including parenting time schedules, decision-making responsibilities, and financial contributions.
- Addressing the emotional impact of divorce on children and strategies for minimizing disruption.
- Tools for brainstorming creative parenting solutions that reflect the unique needs of the family.
- Examples of effective parenting plans and how to handle disagreements respectfully.
- Role of the family specialist in guiding discussions about parenting priorities.
Temporary Agreements and Interim Solutions
- Defining and drafting agreements to be relied upon for issues such as temporary financial support, household responsibilities, and child-related expenses.
- Importance of maintaining consistency and avoiding surprises during the interim period.
- Strategies for balancing immediate needs with long-term planning.
- Review of real-life examples of temporary agreements and how they helped ease the transition.
Problem-Solving and Conflict Management
- Techniques for managing emotional triggers and diffusing tension during meetings.
- Using neutral language and reframing contentious issues to promote constructive dialogue.
- Tips for handling impasses and brainstorming creative alternatives when disagreements arise.
Legal Framework and Documentation
- Explanation of marital vs. separate property, including legal definitions and common scenarios.
- Overview of the separation agreement and shared parenting plan as the two primary legal documents.
- Importance of aligning agreements with state law and ensuring they are enforceable in court.
- Discussion of required affidavits, such as income disclosure and health insurance affidavits.
- Examples of well-drafted agreements and potential pitfalls to avoid.
Finalizing the Collaborative Process
- Steps for filing dissolution paperwork, including petitions and supporting documents.
- Overview of required parenting classes and how they benefit families.
- Transitioning from temporary agreements to finalized resolutions.
- Addressing post-divorce challenges, such as co-parenting adjustments and financial management.
- Resources for ongoing support, including legal, financial, and emotional services.
1.0 CLE Credit
Producers:
Elaine S. Buck, Esq.
Heather G. Sowald, Esq.
Assistant Producers:
Donald Morris, C.D.F.A.
Jessica Simmons, C.F.P., C.D.F.A.
Mary Lewis, Esq.
Terrie Austin, C.F.P., C.D.F.A.
Cast and speakers:
Eric Johnson, Esq.
Elaine S. Buck, Esq.
Martha is played by Lynne Rouzer, Ph.D.
Henry is played by: Brian Henry
Martha’s attorney is played by: Mary Turner Lewis, Esq.
Henry’s attorney is played by: S. Scott Haynes, Esq.
Financial Neutral is played by: Beth Petrie, C.P.A., C.V.A.
Family Coach is played by: Mary T. Johnston, M.B.A., M.S.E., LPCC-S