Collaborative Process

Do You Write Chatty or Formal Agreements?

If you’re a lawyer, you probably tend to write more formal marital settlement agreements and parenting plans, especially if you’ve created templates for those documents. But other professionals may choose to draft more informal agreements that mimic the chatty way that people actually communicate. There are advantages and disadvantages to each style.

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Three Best Practices When Drafting a Marital Settlement Agreement

Your language should be clear; it should avoid confusion and contradiction. If your language is open to interpretation, you had better believe that one party will interpret it one way, and the other party another way. The result will be uncertainty, disagreement, and, ultimately, post-judgment litigation.

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The Four Biggest Challenges in Negotiating a Marital Settlement Agreement

Negotiating and drafting a marital settlement agreement can be a difficult task. When discussing and crafting such an agreement, there are four big challenges. For most families, the hardest decision is how the parents will share the children’s time. While many courts are now encouraging 50/50 splits of overnights, many families would not choose such an arrangement, if left to their own devices.

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What Kind of Counselor Am I?

I’m a counselor of law. But the longer I’m involved in collaborative practice, the more I find myself feeling more like a marriage counselor. While I’m no mental health counselor, and I always defer to those on our team with that training, my own professional experience has given me quite a bit of insight that I don’t mind sharing with my clients and friends when asked.

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How To Create a Collaborative Law Practice

To create a collaborative law practice, start by acting collaboratively towards your staff. Treat them as you would any other collaborative professional, whether he is a young paralegal or another seasoned partner attorney. Be respectful and polite. Encourage good communication and creative problem solving. Reward good teamwork and collaborative brainstorming.

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