Many people are paralyzed by fear when contemplating a divorce. Most often the fear is about money. It’s either a fight, flight or freeze response. But there is another possibility, and that’s empowerment. That’s the power created by two autonomous people with a shared vision for the future. I’m calling it the Third Power (1+1=3) and it’s possible to achieve in a facilitated process. I’ve seen it happen.

Energy is defined by the Oxford dictionary as “power derived from physical or chemical resources.” Money is energy. So is positivity. Learning about your resources and visioning what you want in your future can inspire and propel you forward. That capacity is increased if you do it together with a shared purpose.  A financial neutral, either as your mediator or as part of a collaborative team, can lead you there. It’s a journey that requires preparation.

As I see it there are 3 stages to work through, in the following order:

  • Emotional Regulation;
  • Information Gathering; and
  • Visioning.

Emotional Regulation

Focus must be on calming the mind and body. It’s important to practice neutrality in whatever way is comfortable for you. You will be offered tools to relax the nervous system so you can think clearly and make good decisions. You will be urged to consider your higher purpose, your long -term goals for yourselves and the family and your needs. It’s good to think about what you do have and find appreciation where you can. This is all energy savings. Anger, fear, doubt and other understandable but unhelpful emotions drain your energy and reduce the cortical function of that part of the brain needed to make good decisions. Negative emotions generate cortisol overload in the body which threatens health, well- being and the prospect of peace for all of you.

So, whether it’s meditation, prayer, a walk around the block, candles at the meeting or visits to the divorce coach, practice neutral as much as possible to build your resilience and capacity for getting to a calm place within yourself. Finding and maintaining that kind of attitude will make a world of difference.

Information Gathering

The core of the work of the financial neutral is to gather relevant information, put it in order and help you educate yourselves on asset/liability and budget formats and issues. The information must be provided voluntarily and completely.

Assets and liabilities are listed in a property statement and cash flow, present and future, will be developed in a series of budget reports. Present and future income and the intricacies of support are discussed. The reports are explained, questions are answered, and further information is added or corrected to get them right. At that point you have a very good idea about your resources and needs for cash flow. You build this information together, both understanding the information, the possibilities and the process. By the time this stage is complete you will be empowered with the knowledge of all aspects of your financial life in the past, present and possibilities for the future.

This information gathering is done efficiently, inexpensively and is empowering in itself. Even if you eventually go on to a different process, you will be prepared and have mutual understanding of the financial facts.

Visioning

You will also be encouraged to create a vision for your future in detail. This will include what you want in your life and what you want the next chapter to look like. In most cases, the life you will envision is simpler and less stressed. It becomes reasonable and has to be. There is no tugging at a position. It’s a creative process from an open mind and heart. What’s really important to you? Once that future vision is in your mind’s eye you begin to see an opening to the light, and that opening gets bigger and bigger. It will include new things and activities. You will have the resources you need through mutual planning assisted by the professionals. The most helpful perspective is to work toward a good future for both of you and your family. You will have the help of a vocational coach, realtors, mortgage lenders and the research done on your own about the possibilities. There is time and support for this. Your energy is put into creating a future rather than resisting or fearing.

When you have made these preparations, there is a synergy that creates that Third Power moving you forward and not looking back. It runs on its own. Positivity does that. Continuing to care about the best interests of all concerned is what will make the process smooth and a better result for your health and heart.

To learn more about Money and Divorce, contact one of our Professionals at Bridges Collaborative Divorce Solutions.

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Dona Cullen, Attorney at Law / Mediator
Certified Divorce Financial Analyst
5200 Meadows Rd., Ste. 150
Lake Oswego, OR 97035

503-867-1763
Dona’s Website
Email Dona

 

When you go through the divorce process, you will need to address all of the same issues regardless of the process you choose.  When you are choosing between mediation and Collaborative Law, you are choosing how you want to discuss those issues.

There are many similarities between Mediation and Collaborative Law.  Both are premised on good faith, full disclosure, and creating mutually beneficial agreements.  There are several differences between the processes, but the main difference is which professional(s) you work with to resolve your case.  Both processes frequently use child specialists, financial specialists and/or divorce coaches.  This article focuses only on the role of the mediator and Collaborative attorneys.

Mediation

In mediation, clients work directly with a neutral third party – the mediator.  Mediation is usually a series of “three way” meetings involving both clients and the mediator.  The mediator does not represent either client and has an equal duty to both clients.  Mediators can provide legal information to clients, but they cannot provide legal advice.  Legal information includes what the rules are in Oregon, how they may apply to your situation, and (potentially) what a likely range of outcomes would be in your situation.  Legal advice is a recommendation about what you should do in your situation.  Mediators cannot provide you with legal advice (even if they are an attorney).

Attorneys are often involved in the mediation process, although they don’t have to be involved.  Clients often consult with attorneys prior to mediation or in between mediation sessions.  Attorneys will sometimes be present during mediation.  This happens more often when a case is litigated (i.e., going through a traditional contested divorce process), but that doesn’t necessarily have to be the case.

You can learn more about the mediation process here.

Collaborative Law

 In Collaborative Law each client is represented by their own collaboratively trained attorney.  The collaborative team meets together in series of “four way” meetings, although these meetings may also include other professionals if you are working on a “full team” case.  Collaborative law usually does not involve a mediator, although sometimes it does.  The job of the Collaborative attorney is to educate and advise their client while also providing negotiation assistance.  You can learn more about the role of the Collaborative Law attorney here.

You can learn more about the Collaborative Law process here.

Which Process to Choose?  The main difference between the two processes is working with one neutral third party vs. each person working with their own collaboratively trained attorney.  There is not necessarily a ‘right’ process, but here are a few things to keep in mind:

  • Legal Advice. Do you feel like you need legal advice as part of the process?  Mediators are prohibited from providing legal advice, although they can provide legal information.  You can still obtain legal advice as part of mediation; it’s just usually done in between meetings.  Your Collaborative attorney, on the other hand, is with you every step of the way and is there to provide advice if you need it.  There are differences of opinion amongst professionals about the role of the law in the Collaborative law process, but that discussion is beyond the scope of this article.
  • Negotiation Assistance. When you think of negotiating on your own behalf, what comes up for you?  Is that a comfortable idea?  Is it stress-inducing?  Anxiety provoking?  The job of the mediator is to facilitate the negotiation and to empower both people to effectively advocate on their own behalf.  A Collaborative Law attorney, by comparison, would be actively negotiating with you and for you as part of the Collaborative process.
  • Increased Support. Sometimes one person prefers mediation and one person prefers Collaborative Law.  In that case we usually recommend choosing the Collaborative process rather than mediation.  If one person prefers Collaborative, it is usually because they feel like they need a heightened degree of support or assistance that their own attorney can provide.  Generally speaking, we’d rather have both people get added support if there is a need for it by one client rather than have someone need an increased level of support and not get it (i.e., by selecting the mediation process).  You can still have the support of an attorney in mediation, it’s just that your attorney tends to be more involved in your Collaborative Law case than if they are just consulting in between mediation sessions.

One useful way of deciding between mediation and Collaborative Law is to schedule a joint process consultation with a member of Bridges.  A joint process consultation is an opportunity for both of you to sit down with one person to discuss which process will work best for your family.  These meetings are limited just to discussing these process options – you will not be negotiating at a process consultation.

The members of Bridges Collaborative Divorce Solutions offer both mediation and Collaborative Law services.  Many of us offer joint process consultations if you need help deciding which process makes the most sense for you and your family.

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Forrest Collins
Collaborative Attorney & Mediator
Forrest Collins, PC
Ste. 150
5200 Meadows Rd
Lake Oswego, OR 97035