Collaborative Divorce is Truly Different
While divorce is always difficult and requires healing afterwards, it doesn’t always have to be a long and drawn out battle where every interaction is like stepping into a boxing ring. Michael Zeytoonian, a lawyer in Massachusetts and advocate for collaborative law, recently published his thoughts about exactly how different collaborative law is from this picture of combat.
Here is an excerpt from Michael Zeytoonian’s article on Mediate.com:
“One reason we changed the name of our firm recently to Dispute Resolution Counsel was to highlight the role that lawyers play in representing their clients in an alternative dispute resolution (ADR) processes. The role, approach and technique of a lawyer in these situations are different from that of a litigator. The focus and the goal of the process are different and the process itself is different from litigation and trial. In a world of specialization and niches, this different process and different role calls for a different kind of lawyer. Not only is the training for this role different but the whole feel and intuitive skills are different.
…The word “different” appeared in the last paragraph seven times, naturally, but also to stress a point. This ADR area of law calls for a different skill set. To just plug any litigator or other kind of lawyer into this role would be doing the client a great disservice. You wouldn’t use a transactional lawyer to try a case just as you wouldn’t use a clinical research doctor to do surgery. And surgeons do not usually serve as primary care physicians because (a) they probably have no interest in doing so and (b) they do not have that skill set.
ADR processes, unlike litigation and arbitration, are not adversarial processes. They are not zero sum game, win-lose situations. The degree of victory is not determined by the other side’s degree of loss. Any kind of “hide the ball” strategy when it comes to information exchanges, or the practice of continually hammering away at the other side’s flaws and weaknesses are counter-productive. The focus of ADR is on the present and the future outcome, not the past and the laying of blame. These are processes that work to find shared interests and work toward connection, instead of harping on differences and driving people apart.
On the contrary, knowing what the other side’s needs and interests are is productive. Information is viewed as a shared asset, not a strategic weapon. Active listening to the other side is productive. The quality of the end resolution depends on both sides winning, not one winner and one loser. Collaboration of clients and lawyers working together not only replaces the adversarial approach; it also replaces compromise in the sense that compromise calls on us to give up something important (win- some lose). These processes have a goal of win-win and their challenge is how can we solve the problem so both sides get what they want. That’s what makes these approaches so valuable to clients.
There is a special niche in the legal profession for this role of focused representation, serving clients as settlement counsel or collaborative counsel. As clients demand better value in legal services and as lawyers are driven to develop better ways to serve their clients, this new niche will continue to grow. “
– Read the entire Mediate.com article.
As collaborative professionals, we know that it takes special skills to support our clients during the collaborative process, which is why we offer our members collaborative training.
If you would like to learn more about what it means to be a part of Collaborative Practice Toronto, please see the For Professionals section of our website.
If you’re looking to hire a collaborative professional, please use our search tool to find a professional near you.
