Conflict Resolution StrategiesHost: Okanagan Collaborative

Family Law GroupBruce Plaxton, CPA, CA, CBV, Financial NeutralBev Churchill, LLB, LawyerMary Ellen McNaughton, BSC, MSC, MED, CCC, Divorce Coach

http://collaborativefamilylaw.ca/

Dispute Types:

• Family Law Disputes (Separation and Divorce)

• Shareholder Disputes

• Strata Disputes

• Estates Disputes

• Commercial Litigation Disputes

Conflict Resolution Options:

• Kitchen Table• Mediation• Collaborative Practice• Lawyer Negotiated Settlement• Settlement Conference• Court

Party Involvement

& Control

Low

High

Areas of Difference in Resolution Options:

• Basis for Decisions

• Goal and Measure of Success

• Issues that may be Addressed

• Who Makes Final Decision

• Role of Lawyer

• Neutral Team Support

• Likelihood of Post Agreement Litigation of New Issues

• Who Controls the Process

• Degree of Adversity

• Cost

Collaborative Team Composition

• Lawyers

• Divorce Coach / Child Specialist

• Financial Neutral

Collaborative Process - Foundations :

• Explore Needs

• Parties Know Interests and Needs

• Communication

• Emotion Can Create Conflict

• Safe and Secure

• Focus on Mutual Interests

• Reduce Conflict

• Voluntary Agreement

• Open and Frank

• Courts are NOT the Best Option

Collaborative Process – Essential Elements :

1. Professionals Trained in Dispute Resolution• Mediation – minimum of 5 days• Collaborative – minimum of 2 days

2. Participation Agreement• Written and Signed by Clients and Lawyers• No Court • Status Quo – Stability Assets and Children • Suspension of Limitation Period • Withdrawal and Disqualification of Professionals

Collaborative Process – Essential Elements :

3. Neutral Professionals – Coach, Child Specialist, Financial Specialist• Written and Signed Participation Agreement• For One or Both Clients• Support, Educate, Advise

4. Meetings, with an agenda to focus on:• What is Important to Each Spouse and Both Spouses• Any Pressing Issues • Information We Have, Need or Want

Role of Financial Neutral:

Role/Common tasks

• Information gathering• Educate the parties and lawyers on financial issues• Assist with post-divorce budgets• Assist with asset allocation options and equalization• Business valuations, income for support calculations, tax

planning, real estate appraisals

Role of Financial Neutral:

Benefits of working with a financial neutral

• Help balance financial understanding of the parties• Foster atmosphere of full disclosure• Focus on education (parties and lawyers)• Provide structure• Allow the parties to be full partners in the financial

restructuring of the family

Role of Financial Neutral:

Common Designations of Financial Specialists

• CPA (CA, CGA, CMA) - accounting and tax• CFDS - Chartered Financial Divorce Specialist – Canadian

Based • CDFA - Certified Divorce Financial Analyst – US Based • CFP - Certified Financial Planner• CBV - Chartered Business Valuator

Role of Collaborative Lawyers:1. Represents the interests of his/her client while maintaining

the overall goals of the Collaborative Process

• Mutually Acceptable “Shared” Resolution• Appreciation of What is Important to Each Client

Role of Collaborative Lawyers:2. Provides legal advice, negotiation support, and drafts and

revises agreements and the divorce documents

• Non - Positional Negotiations• Encourage and Support Active Participation by Clients• Durability of Outcome

Role of Collaborative Lawyers:3. Works collectively and cooperatively with the other Collaborative

lawyer and the Collaborative “Team”

• Attitude of “Sharing” and Finding Common Ground and Options• Honest, Respectful and in Good Faith• Trust and Transparency • Model Communication• Information Exchange• Future Focused

Role of Helping Professionals:

• Divorce Coach

• Child Specialist

Role of Helping Professionals:

Role of the Divorce Coach• Emotional support and encouragement for clients• Support to gain clarity around needs and interests• Insight and education about personal dynamics and emotional triggers• Education and feedback on communication styles (1 degree course

correction)• Barometer for the emotional climate in the room during negotiations• Gatekeeper for respectful communication and emotional safety • Feedback for all members of the team

Role of Helping Professionals:

Role of the Child Specialist• Insight and education on developmental needs

and support for children• Support with realistic parenting plans• Education and encouragement with co-

operative co-parenting

Thank you!Questions?

http://collaborativefamilylaw.ca/