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Collaborative Divorce

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Has anyone used Collaborative divorce?

July 2008

Hello, has anyone used a process called Collaborative divorce recently? Am interested in your recommendations for a group providing this service, how it went, and about how much it cost. Berkeley or Oakland would be ideal. Considering divorce, have children


I am a collaborative attorney/mediator and find that Collaborative Divorce is a great option for parents who want to minimize the stress, pain, and cost of traditional, adversarial family court. This process is designed for separating couples who are willing to work together, are committed to staying out of court (a requirement) and are motivated to resolving their divorce in an amicable, respectful manner that values the needs of each parent as well as their children. Collaborative Practice East Bay (www.collaborativepracticeeastbay.com) is the practice group of collaboratively trained professionals for Alameda and Contra Costa Counties. You can also find out more at www.divorcenet.com. AW
I would recommend Unmani Sarasvati (nee Andrea M. Eichorn) in Oakland. Her number is (510)652-0220. I am mid-way through a collaborative divorce and have valued Unmani's very frank but at the same time caring style. She will do a good job overviewwing for you whether collaborative vs. mediation is a good fit for your circumstances. Collaborating
I did a lot of research about collaborative law before my divorce and here's what i found out.

Collaborative law is a really good process compared with litigation because it's less expensive and less likely to blow up. But, at least in my opinion, from what I've learned, it's not nearly as good of an option as mediation. In collaborative law, at the very least, you have two attorneys who are working to help you. They will likely spend at least 40 hours each on your case. Considering that collaborative attorneys in the bay area charge over $400 per hour on average, you're looking at a $16,000 charge for each attorney. So, over $30,000. And that's if everything goes pretty well. Also, in collaborative divorces, often financial experts are brought in and therapists. So, maybe you're looking at a $40,000 divorce. Wow!

Mediation, I understand, usually takes far fewer hours. The average is around 25 hours (including all filings, writing of agreemnts, etc). It's fewer hours than collaborative law because a lot of time in collaborative law is spent by the attorneys making sure they are on the same page as each other, reviewing each other's work, etc. And mediators who are attorneys usually bill less per hour for some reason, around $325 per hour. So, maybe your looking at $7,500 for mediation vs $40,000 for collaborative law. We didn't have the money to spend like that. (My divorce through mediation cost $5,200, still a lot but i'd say worth it).

Also, I think you end up with a better result in mediation. You don't have the chance of the collaborative attorneys (who are basically all litigators and trained to be agressive) setting each other off. You see, in collaborative law, not only do you have to get along with your spouse but the attorneys have to get along. That's tough. And I've heard that the attorneys often have such different styles (like should they use the law or just try to figure out what's best for their clients) that a lot of time and miscommunication is spent just figuring out how to approach the case.

Anyway, having said all that, my neighbor says she had an excellent experience in collaborative law. It cost her around $35,000 (including all the costs of both attorneys, etc). She used Jennifer Jackson (415-392-1110)in San Francisco. She said great things about her. She also said that Larry ROsen in Oakland(415-235-8968, don't know is east bay number) is very good and works well with Ms. Jackson. Remember, you have to find two attorneys that work well together, and even better, really like each other. I personally also heard good things about David Funk (funny name) in SF. Don't know his number.

Good luck. B


Mediation for Support & Custody Issues

Feb 2006

I am looking for recommendations for a custody mediator. Our case is comlicated as far as custody and finances, with both parents disagreeing about almost every aspect of parenting, so we need someone who is very directive, who can be more then a good listener, but who also can take charge and help iron out agreements efficiently and effectively, if possible. thank you for any advice and/or recommendations. anon


Mediation is a challenging option if there's a large chasm between the spouses' perspectives. For some couples with, what could be labeled, ''high-conflict,'' another option is Collaborative Practice. CP is a sophisticated process to help families through the divorce transition with the same positives of mediation (values-based, not law based; and the two people design and control the resulting agreement, not lawyers) but has the added support that attracts people to litigation by introducing an interdisciplinary approach. In Collaborative Practice, both spouses have a CP attorney, who work together as a team to faciliate the couple's agreement, and both spouses have a coach. Coaches are mental health professionals trained to guide people through the CP process-- it's not therapy, they only teach the people how to communicate again as soon-to-be divorced people, and help work out custody arrangements if there are children. The coaches are much cheaper than attorneys and they often help the people communicate better, making the legal aspects go much faster. People who get a Collaborative Practice divorce often say they they spent much less than they would've fighting in the usual adversarial framework and they gained the communication skills to deal with each other in the future. Some websites about CP are: www.collaborativepractice.com, www.collaborativepracticemarin.com, and www.divorcenet.com. If mediation ends up working out, great! But just in case you feel you need more support than one neutral professional...you may want to consider CP. Good luck. Andrea

Divorce lawyer consult for mediated divorce

Oct 2005

My wife and I want an amicable divorce. We have 2 school-age children (we are sharing custody) and a house that we co-own that she cotinues to live in. We have just begun to see mediator Judith Joshel, and are both seeking outside legal consultation, especially to settle financial issues, which we are quite far apart on right now. Question 1: Any feedback/experience with Judith Joshel? Question 2: Recommendations for a divorce lawyer (for me) who knows her/his stuff inside and out but won't urge me to go for the jugular or make me feel like a jerk if I don't go for all I am legally entitled to? R


I cannot say enough good things about Karen Heller Berdy, who practices mainly collaborative divorce law. She has helped us keep a very, very difficult divorce amicable. I truly would not have believed that possible. I expect that she would be available for consultation. She practices in Walnut Creek: (925) 937-0400. Heather

More Reviews


May 2004

Re: Peaceful way to Divorce??
There is a relatively new and branch of family law called Collaborative Family Law. It sounds like it can work for a divorce in which the 2 parties are fairly amicable, but are having some trouble communicating. My understanding of it is that each person has an attorney, but both parties agree that they will not enter into litigation. If they can find no resolution and do feel the need to litigate, both attorneys MUST step down. This provides the CFL attorneys incentive to help the parties come up with creative alternatives and better communication. I know about it only because my father has entered into this type of work after retiring as a law school professor. He is in Southern California however. I'm sure there must be lawyers up here in the Bay Area who are engaged in this type of work. You might just try doing an internet search for ''collaborative law''. If that doesn't come up with anything useful there is a website he gave me which is www.santabarbaracollaboritivelaw.com Lise


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