Bay Area Family Law





Tuesday, March 27, 2007

Healthy Divorce

A PBS special, Kids & Divorce: For Better or Worse, airing Thursday, September 14, at 10 p.m. on PBS, focuses on how court battles damage the children, leaving emotional scars that can last well into adulthood. In Collaborative Divorce San Francisco attorney Pauline Tesler and psychologist Peggy Thompson, provide more detailed answers to the questions asked by this revolutionary program.

Collaborative divorce saves complex litigation and expensive pit-bull lawyers, and provides psychological and financial counseling for the whole family, says Tesler. According to Tesler and Thompson, collaborative divorce costs one-third to one-tenth as much, and provides families with a forum to address the children's changing needs, both at the time of the divorce, and in the years ahead. Tesler and Thompson describe this ground-breaking way to restructure the family and divvy up the finances.

When and how was collaborative divorce invented?

Tesler: The collaborative divorce movement took place back in 1990 by Minneapolis divorce attorney, Stu Webb. Peggy Thompson and I began working with collaborative teams in the mid 1990’s in the San Francisco area. There are now over 7,000 collaborative practitioners in North America and as many as 9,000 worldwide.

How is this approach different from mediation?

Thompson: The mediator’s goal is the same as a litigator’s--a fast settlement. A mediator can’t act as your attorney, provide emotional support, give you an impartial analysis of the finances, or help your children through this traumatic process. It’s impossible for one person to do all these things. A collaborative team helps you through the divorce, and is there later on, when aspects of the settlement need to be revisited.

What are the psychological benefits?

Thompson: A new study reported in the current Journal of Marriage and Family shows that divorced women have a greater risk of heart disease in later life than those who are continuously married.

How do I find a collaborative divorce team?

Tesler: Collaborative divorce is now available in nearly every state in the US, and in many foreign countries. For a referral to collaborative professionals in or near your area---attorneys, coaches, and financial advisors—contact the International Academy of Collaborative Professionals (www.collaborativepractice.com).

Are there some cases that can’t be solved collaboratively?

Tesler: Collaborative divorce requires two people working in good faith. For example, it’s not for people who want to use divorce for vengeance, or those with a long history of abusive behavior or certain mental illnesses.

Is it good for lawyers, too?

Tesler: Absolutely. This is a lawyer-driven movement, started by those of us who feel an adversary system is no good for families that are crumbling. In our training sessions, tough divorce attorneys often burst into tears and say, “I was on the verge of leaving the practice of law. But with the collaborative approach I can help families in transition, instead of putting them in the firing line.”

Collaborative divorce handles the split out of court, and offers the couple a variety of professional support. Both get their own attorneys. Both lawyers vow never to take the divorce into court. Individual coaches also help the couple deal with high-voltage emotions. A child development specialist is the “voice of the kids.” And an impartial financial consultant helps the couple and their lawyers devise more creative solutions than even the most Solomon-like judge ever could. Collaborative Divorce is already a rage. It has earned the approval of judges and attorneys who are looking for a way to help struggling families and free the family courts.

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