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hone the ability to practice respectful communication and listening skills and actively promote cooperative behavior. A collaborative lawyer must understand the motivations of both parties and develop the ability to identify the issues and concerns of both in order to bring the clarity of reason and reality to emo- tionally charged situations. Many of the negotiations in collabora-


tive practice are performed in a four-way setting with each participant being represented by counsel throughout the process. The parties do not “hide” behind their lawyers. Unlike a tradi- tional litigation setting, the opposing attorney can speak directly to the other lawyer’s client in four-way meetings. This maximizes the group’s potential for creative problem solving and exposes any obstacles to resolution. The two at- torneys themselves may sometimes meet to discuss ways to resolve issues in an amicable and cooperative fashion. In collaborative divorce, court is not


an option. If a settlement cannot be reached, the collaborative lawyers and team must withdraw, leaving the divorc- ing parties free to retain trial attorneys


to pursue the matter in court. This en- sures the commitment of the attorneys to reach agreements and overcome impasses through cooperative negotia- tion. Much like court mediators, collab-


orative divorce lawyers are required to obtain special training. A collaborative divorce can save both parties the pain and anxiety of months spent haggling in court, as well as the considerable expense generally incurred in an adversarial divorce. Through collaborative divorce, couples have the opportunity to emerge with a fair settlement and peaceable rela- tionship, while minimizing the negative effects of divorce on their children.


What the ABA says In mid-October 2007, the American


Bar Association Ethics Committee is- sued a formal opinion supporting the use of collaborative law practice. State ethics committees are expected to follow suit. Formal Opinion 07-447, Ethical Considerations in Collaborative Law Practice, dated August 9, 2007, states: “As explained herein, we agree that


collaborative law practice and the provisions of the four-way agreement represent a permissible limited scope representation under Model Rule 1.2, with the concomitant duties of compe- tence, diligence, and communication. We reject the suggestion that collabora- tive law practice sets up a non-waivable conflict under Rule 1.7(a)(2).”


Why choose the collaborative process?


Collaborative law provides an op-


portunity for continued mutual respect between the divorcing parties, both through and after divorce. By working together, collaborative divorce allows both parties to move on with their lives with dignity and peace. The emphasis in settlement meetings is on creating fair resolutions to differences in an open, safe, and supportive environment. It is particularly effective when children are involved and parents must maintain a responsible relationship as they struggle to raise their children in separate house- holds. Through the collaborative process,


Structured Settlements


For Your Client’s Financial Security Introduce Them to Someone With





• Integrity and Trustworthiness 20+ Years of Experience in Maryland


• Quality and Knowledge Exceeding Expectations


Gary Blankenship 44 1-800-284-4650 Trial Reporter Tom Dolny Winter 2008


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