Creative Solutions in the New Economy

One of the main reasons a couple may remain under the same roof even in the unhappy situation where they agree their relationship as a couple is over, is because of the cost of physically separating. How can the couple contemplate existing under two household roofs when the combined family income barely meets the needs of one household? And in our new economy, how can the couple separate when the main family asset – the family home – is not likely to sell in the foreseeable future due to the quiet real estate market we are experiencing? The influences and effects of the new economy show even more vividly why the collaborative legal process is so attractive to separating couples over the court option. A judge’s hands are tied with respect to applying creative solutions. The courtroom is a place of blunt, inflexible justice, to be sought only when the parties in dispute have exhausted all other means of resolving the differences between them. But in the collaborative process, the parties are free to explore every possible solution that arises through the process, since the parties have opted out of the requirement of applying the strict law to the issues arising from their uncoupling. Now, more than ever, we need creative solutions to dispute resolution. The time for change is here.

Where to Find a Collaborative Lawyer

It is a good idea for the two of you to work together at selecting lawyers to carry you through the collaborative process. You both want to hire lawyers who have a proven demonstrated history of being able to successfully work together to bring parties to resolution through the collaborative process. Not all lawyers can work collaboratively. Lawyers are traditionally trained to work in opposition with each other, trained to think in the eventual possibility that a judge will determine who wins. Traditional lawyers do not think in terms of resolution because they are trained to think in terms of winning and losing, right and wrong. In the collaborative process everyone is a winner and there are no losers. If you use the collaborative process, you want to avoid hiring lawyers who have no experience working together in this new collaborative way, or worse yet, two lawyers who don't even know each other! In the old school way of doing things, one of you would go talk to a lawyer, that lawyer would promptly write a nasty letter or start a lawsuit or both, which in turn would prompt the other of you to engage what you hoped was an even nastier lawyer. The unspoken goal, traditionally, was to hire two sharpshooters for shoot out in court, with only one expected to be left standing in the end, in an attempt to prove who is right. When you are proceeding in the collaborative way, you want to avoid hiring lawyers who predominantly have honed their skills in the court room battlefield. But where do you find two experienced collaborative lawyers who have worked together for opposing parties? The answer is in a Collaborative Law Practice Group. A Collaborative Practice Group is a group of lawyers, coaches, child specialists and financial planners who have formed a group in their local community for the purpose of working together collaboratively. Members of a collaborative practice group regularly get together to practice their collaborative skills and to take further practice trainings together. The members of the Collaborative Practice Group of the Kootenays are all also Members of the International Academy of Collaborative Professionals (IACP). There are Collaborative Law Practice Groups now in every major centre in North America, and in 14 countries worldwide. You can link to any of these worldwide practice groups and you can find a collaborative lawyer from the IACP website.

Susan Kurtz

LAWYER ~ MEDIATOR ~ NOTARY PUBLIC

Susan Kurtz is an experienced BC lawyer and highly skilled mediator and a member of both the Alberta and British Columbia Bars. She is an educator, a mother, a syndicated writer and a qualified yoga teacher. She will be offering a workshop entitled "Spiritual Divorce" at Selkirk College in the Fall of 2006.

Susan has been offering alternative legal solutions since 1993 to residents of the West Kootenay including Nelson, Slocan, Salmo, Creson, Nakusp, Castlegar, Trail, Kaslo and other locations in the Kootenays. Susan Kurtz is Past President of the Kootenay Bar Association and the Rotary Club of Nelson BC, founded in 1922.

Susan is interested in the health and well-being of her clients and of all members of their families. She is dedicated to exploring out of court solutions through mediation and collaborative family law. Susan Kurtz is the founder of the Alternative Dispute Resolution Centre of Nelson Ltd. in Nelson, BC. www.adrNelson.com

Visit www.susankurtzlaw.com to learn more about our services!

Collaborative Family Law

Susan Kurtz
LAWYER ~ MEDIATOR ~ NOTARY PUBLIC

When a couple separates, two legal issues arise. First, decisions must be made about children, if there are any children. And secondly, a division of assets and debts must be made. These two issues can be resolved by way of a Separation Agreement. But the tricky part is how do two people who are separating from each other (often due to lack of communication) arrive at an agreement as to the terms of a Separation Agreement? That's where mediation and collaborative family law come in. Lawyers who practice CFL are mediators who are highly trained to assist the parties to come to mutually agreeable terms of a Separation Agreement. The alternative is a very expensive superior court lawsuit. People often complain about the high cost of legal fees to get a divorce or legal separation. A no court desk divorce is inexpensive once the parties have a Separation Agreement. One of the attractive features about Collaborative Family Law is the cost. You will save significant legal costs by choosing to resolve your legal issues through CFL rather than to go to court. In fact, CFL may cost as little as 10% of the usual legal costs associated with separation and divorce. CFL employs mediation techniques, but takes it one step further by ensuring both parties have sound legal counsel right at hand during the 4-way meetings. However, even more important than the cost in dollars is the emotional savings you will enjoy by avoiding harmful litigation. If you place any value at all on your time or your peace of mind, you may want to explore CFL. The adversarial system is set up to position parties against each, to determine right and wrong. Often in family disputes, who is right and who is wrong is of little consequence. Instead, the parties need to focus on how to peacefully resolve the legal issues that arise through a marriage breakdown. Susan Kurtz helps people to uncouple with love. Lawyer mediators assist the parties to illuminate the needs and desires behind each party's position so that the parties can gently move themselves off a position and toward a resolution. CFL is a type of Alternative Dispute Resolution (ADR). See www.adrNelson.com or call (250) 354-1881 to make an appointment for an initial consultation with one of our lawyers in Nelson BC for $120 including tax. It is recommended that you bring your spouse to the initial meeting. CFL recognizes and promotes the health and well being of each family member going through a transition. A no court desk divorce is simple and inexpensive to obtain once you have a Separation Agreement. SusanKurtzLaw.com to learn more our services!