Tag Archive: family professionals

1. Client Satisfaction and the Collaborative Law Experience

   June 25, 2012 3:12 pm Leave a Comment

   

   Jessie Lamont & Fareen Jamal

   By Fareen L. Jamal and Jessie Lamont

   Lawyers report the practise of family law litigation to be particularly toxic. The Collaborative Family Law Process creates a more desirable working environment for those lawyers inclined toward problem solving, as opposed to vitriolic litigation. But do clients have the same level of satisfaction with the collaborative process as experienced by collaborative lawyers?

   The International Academy of Collaborative Professionals (“IACP”) recently published their findings following extensive research [Linda Wray, “IACP Research Regarding Collaborative Practice (Basic Findings”), The Collaborative Review 12 (2012): 8]. Statistics reflect that the collaborative process is primarily employed by middle to upper middle class, educated divorcing spouses with children, most of whom use some form of the interdisciplinary approach (that is using financial, family or other professionals) in their seperation. Although the vast majority (86%) of these cases settle within approximately eight months through the collaborative process, there is a small percentage of cases that do not settle or are unsatisfied with the process.

   In terms of actual client satisfaction, approximately three-quarters of all collaborative clients polled in the IACP Professional Practice Survey reported being extremely or somewhat satisfied. Even more notably, the satisfaction clients felt for the process slightly outweighed their satisfaction with outcome.

   Clients indicated that they were satisfied with the manner in which their personal respect and respect for their viewpoint was maintained, the manner in which matters were clearly explained, their concerns and confusion addressed, the effectiveness with which their lawyers communicated, and the assistance they received with the development of their parenting plans and options for various issues.

   Collaborative Family Law creates and nurtures a “safe space” for clients who are frequently, at their most vulnerable, addressing a drastic change in their lifestyle, and experiencing intense emotions.

   Separation and divorce present a number of challenges and the success and satisfaction rates of any legal processes are important to consider.

   Seek out personal experiences of collaborative clients and lawyers before selecting the approach you wish to take. Self-examine what you truly seek from the process, and determine what your goals are. Collaborative Family Law may create an increased chance for desirable outcomes and, throughout the entire process, the greatest degree of client satisfaction.

   Fareen Jamal                                                 Jessie Lamont
   Bales Beall LLP                                              Bales Beal LLP
   2501-1 Adelaide Street East                       2501-1 Adelaide Street East
   Toronto, ON                                                   Toronto, ON
   M5C 2V9                                                        M5C 2V9

   Tel:  416-203-4538                                     Tel: 416-203-8591
   Fax:  416-203-8592                                    Fax: 416-203-8592
   fjamal@balesbeall.com                                jlamont@balesbeall.com

2. Finances go beyond Valuation Date

   April 10, 2012 2:02 pm Leave a Comment

   By Bronwen Bruch

   It seems so simple! Divide the property in half, use the guidelines to calculate spousal support, and use the tables to calculate the child support. How difficult could that be?

   Unfortunately it is like when you are told that all you have to do to lose weight is to “diet and exercise.” Again, the concept seems simple enough. But as many of us know, you quickly find out there are obstacles that get in the way of your success when you go at it alone.

   The same goes for separating couples and their finances. The good news is that they don’t have to go at it alone. In the last decade, a different kind of financial professional has come on to the divorce scene. They are Financial Divorce Specialists (FDS) or Certified Divorce Financial Analysts (CDFA). Applicants for either accreditation must already have a recognized professional designation in accounting or financial planning. Financial professionals that have an affinity to conflict resolution may also choose to be trained as mediators. And financial professionals that would like to be part of a Collaborative Law Practice Group are required to take the same courses on collaborative procedures that are required of the collaborative lawyers. However, what all of these financial professionals have in common is that they are all able to provide clients with a thorough evaluation of the financial ramifications of divorce settlement options. This is of benefit to the process because the client is being asked to make irrevocable financial decisions during an emotional roller coaster ride.

   That is why more and more lawyers, call on these financial professionals to assist their clients in arriving at a settlement. The lawyer may not feel comfortable giving out some types of financial advice. And it isn’t always cost effective; or they aren’t always able to take the time to analyze the future financial impact of alternate proposed settlements, or educate a client that has less financial knowledge.

   These financial professionals:

   1) Can work with the spouse that is less knowledgeable financially, so that they come into the negotiations on equal footing
   2) Organize financial data that comes in from both spouses and prepare various financial documents, and
   3) Prepare financial scenarios around future cash flows and net worth

   Financial issues in a divorce can be a challenge. This is exaggerated by the emotional turmoil the couple is experiencing. They say that for married couples, financial stress will magnify any bumps in the road ten-fold. So for separated couples, it follows that the financial stress, will be that much worse.

   When trying to put together the “dreaded” financial statements or budgets for your lawyer or looking at your spouse’s financials, it can trigger feelings of anger, mistrust, fear and inadequacy. This explains why a client may freeze in the middle of this process. The financials then go on the shelf until the client is ready to face those numbers or “emotional triggers” again.

   Individuals, couples, lawyers and family professionals that are interested in “collaboration” enlist these financial professionals. Their approach to a legal settlement includes the usual analysis of the “Valuation Date Needs.” However, there is an additional component which is the analyses of future financial needs. We know that financial stress is compounded by fears about your financial future. In a separation, there is the added resentment that the other spouse will be unduly better off. Adding this future component to the analysis can reduce these fears and resentments, which will help bring the settlement to resolution sooner, which in turn will save time and money for all involved.

   Bronwen Bruch, BMath, CMA, FDS
   Certified Management Accountant
   Financial Divorce Specialist
   Family Mediator

   The Tax Management Centre
   14-2530 Sixth Line, Oakville, ON L6H 6W5
   T: 905-257-6528 F: 905-257-4221

   bbruch@taxmanagementcentre.com
   www.taxmanagementcentre.com

3. A Recipe for the Collaborative Process

   February 1, 2012 11:44 am Leave a Comment

   by Meredith Cox

   I have to get on the bandwagon and write about the latest news about Seal and Heidi Klum. They were the celebrity couple that was going to make it. Their marriage seemed perfect…to the outside world. They are two extremely talented parents with four adorable children. The first comments to hit the tabloids were from Seal. He was still wearing his wedding ring and said he loves his wife. From one report I read, it sounded as if Ms. Klum was not so quick to take off her ring either. The couple is known individually and collectively for extremes of beauty and lyricism. If their early statements and conduct are any indication, we can expect them to set the diamond standard for separating couples everywhere. We will just have to wait and see how this unfolding story turns out.

   I started to think about my ideal recipe for the Heidi Klum/Seal collaborative family law process and what I would say if one of them came to my office:

   1. Start with the foundation of the collaborative process. Understand what you are agreeing to do. It will not be like an episode of The Good Wife. No one is going to get off on a technicality. You will not be finished in one hour with commercial breaks. It took time to get in this mess and it will take time to unravel it.

   2. Bring a healthy serving of love, caring and/or respect to the table. It can be one without the other two.

   3. Be aware that being concerned about the other person’s well-being is not a bad thing. Be generous. Stretch a little even if you are mad or disappointed.

   4. Really think about how your children are going to fare. This requires you to put them first before your own agenda. I mean “FIRST.” What you do now will be forever in their eyes and hearts. You are setting the example that will govern their conduct in relationships.

   5. If you have done something really bad in the eyes of the other person, own it and apologize. Deal with it up front and move on. If you do not do this, expect the issue to hang over the bargaining table like an overflowing compost bin.

   6. Do not refuse to give relevant information to the other person. If you do, there will be lingering doubts. The minute the phrase “none of your business” enters the discussion the other person will be hurt, suspicious and angry. Progress will grind to a halt.

   7. Watch your language. You do not need to score points with verbal swordfights. Think about how you would like to hear the message you want to deliver.

   8. Do not be shy about the time or costs of involving family professionals and financial professionals. They are there to support you, create options and provide vital information. Ultimately, their input will be critical to your success. If you do not know what they can do for you, ask.

   9. Listen to your lawyer. We are there to advise you and help you make decisions.

   10. Above all, use your own brain. Think. Be prepared to offer options and solutions. Do not allow this to just happen to you. No one will make the decisions for you. You are part of the process. It is your divorce or separation. It is your family. It is your future.

   Meredith Cox
   Sweatman Law Firm

   11-1400 Cornwall Road

   Oakville, ON L6J 7W5

   Profession: Family Law Lawyer
   Tel: 905-337-3307
   Fax: 905-337-3309
   meredith@sweatmanlaw.com
   www.sweatmanlaw.com

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