Attorneys

Collaborative Process And The Attorney's Role

The collaborative process has been defined as a method of resolving disputes through the structured assistance of collaborative professionals that include lawyers, mental health professionals and financial planners.

The basic idea is to avoid traditional litigation by having  the clients and the professionals entering into a contractual commitment to negotiate a settlement without using the court system, while providing them the tools to decide any issues by themselves. Therefore, the collaborative process allows clients the opportunity to maximize their options and outcome. As attorneys, it is part of our role to describe to the clients the difference between collaborative process and traditional litigation with its advantages and disadvantages.  Attorneys must educate the clients on the realities of the divorce process and the law. This role does not end with the initiation of the collaborative process, but rather is an ongoing responsibility throughout the successful conclusion of the dissolution action.

The involvement of attorneys is critical for the success of the process because the first thought in each  spouse's mind (prior to becoming Aparties@, the moment  they decide to finish the marriage), is what attorney to hire. There is where all begins.

The basic roles of attorneys require them to:

• Re-define the client-attorney relationship
• Re-define the duties of the relationship
• Re-define the tasks and strategies and the client's thinking process

We must explain to the clients the nature of collaborative negotiation and the consequences that result, facilitate the clients being heard, and identify the elements of safe process. That is achieved through cooperation.

During the initial consultation, once the issues are identified, the need for other professionals will take place. Most likely, financial  experts/consultants, as well as mental health professional may be needed. Any consultant or expert invited to the settlement conferences must be by agreement of all parties.  The parties will discuss and agree in advance how the experts' fees will be paid. The experts involved in the process are disqualified from testifying as witnesses, and their reports are not admissible in any judicial proceeding in this matter. Throughout the entire process, any communication with the experts is to be made known to all the parties involved in the process.

Further, we must explain to our clients that each collaborative lawyer is independent from the other and each represents his or her client only in the collaborative process. The parties understand that by agreeing to this process, they are giving up certain rights, including the right to conduct formal discovery, the right to participate in adversarial court hearings and other procedures provided by the adversarial legal system, unless the process is terminated.

While discussing the process, other issues must be decided: location of the settlement conferences, introduction to the client to the process, discussion of the client=s expected conduct, strategies for intervention and strategy.  Once the procedural issues are discussed and agreed upon by the attorney and the client, then the agenda must be developed, a collaborative agreement is to be signed, and a process for information and document exchange developed.

Formal discovery will not be necessary and will not take place unless agreed upon by the parties. However, the parties may be asked to sign a sworn statement making full disclosure of their true income, assets and liabilities.

The resolution of issues takes place during settlement conferences scheduled by all parties. During such settlement conferences, the parties and their attorneys are expected to work as one unit, in equality, discussing issues with only their resolution in mind, not making reference to the past or pointing out each other=s past perceived mistakes.

The collaborative law process is a form of settlement conference(s) involving compromise negotiations. All communications, whether oral or written, and conduct of any party, lawyer or consultant in the collaborative process constitute compromise negotiations and are inadmissible.

Any written agreement, whether partial or final, which is signed by both parties and their respective collaborative attorneys may be filed with the court as a collaborative law settlement agreement. Such agreement is retroactive to the date of the written agreement and made the basis of a court order.

The parties and the lawyers agree that court intervention shall be suspended while the parties are using the collaborative process. Seeking court intervention for judicially imposed decisions regarding a disputed issue automatically terminates the process. The lawyer's representation is limited to the collaborative process. Once the process is terminated, neither lawyer can participate in the pending matter, nor can the lawyer subsequently represent  either party in a proceeding against the other party. Notice of withdrawal of a collaborative lawyer does not necessarily terminate the collaborative process if subsequent counsel is retained. If the party whose lawyer has withdrawn chooses to represent him/herself, the collaborative process terminates and the other lawyer must withdraw.

If a party refuses to disclose the existence of information which, in the lawyer's judgment must be provided to the other participants, or proposes to take action that would compromise the integrity of the process, the collaborative process must be terminated.

Attorneys

Cheryl L. Abraham, Esquire
Abraham & Abraham, P.A.
2419 South Babcock St. #D
Melbourne, FL 32901
cabraham@spacey.net
Phone: 321-984-8000

Duana “Dee” Boyles, Esq.
Boyles Law, P.A.
122 4th Avenue, Suite 103
Indialantic, FL 32903
 Phone: (321) 914-3926
Fax: (321) 914-3952
boyleslawpa@gmail.com
www.boyleslawpa.com

Joseph E. Culmer
Culmer & Davidson, P.A.
1241 Florida Avenue South
Rockledge, FL 32955
Phone: 321-638-2002
Fax: 321-609-9194
jody@brevardtrialattorneys.com

Charles Dorfman
Weaver & Dorfman, PA
2285 West Eau Gallie Boulevard
Melbourne, FL 32935
Phone:  321-259-0560
Fax:  321-308-8026
chuck@weaverdorfmanlaw.com
www.weaverdorfmanlaw.com

Daniel Freyberg
335 Hibiscus Avenue
Merritt Island, FL 32953
Phone: 321-459-2994
Fax: 321-459-9790
ftfamilylaw@bellsouth.net
www.marital-family-law.com

John J. Futchko
Henderson & Futchko, P.A.
1735 W Hibiscus Suite 300
Melbourne, FL 32901
Phone: 321-723-8262
Fax: 321-951-4033
Futchkolaw@aol.com
www.hendersonfutchko.com

Brooke Deratany Goldfarb, Esq.
Florida Supreme Court Certified Family Mediator
503 Fifth Avenue, Suite 105
Indialantic, FL 32903
Phone: 321-626-2858
Fax: 321-723-6685
Brooke@peacefulbeachmediation.com

Jocelyn Lowther
1980 North  Atlantic Avenue
Cocoa Beach, FL 3293
Phone:  321-784-8580
jocelynpa@cfl.rr.com

Amy Romaine
Law Office of A. M. Romaine, P.A.
10 Suntree Place
Viera, FL 32940
Phone: 321-574-1095
Fax: 321-574-1032
www.brevardcivillaw.com
amyromaine@cs.com

Robert A. Segal, Esq.
Law Offices of Robert A. Segal, P.A.
2955 Pineda Causeway, Suite 209
Melbourne, FL 32940
Phone: 321-757-6906
Fax: 321-242-1350
robert@robsegalpa.com
www.robsegalpa.com

Timi Tucker
1370 Bedford Drive #102
Melbourne, FL 32940
TimiTuckerPA@bellsouth.net

Sandra E. Valentin, Esq.
Law Office of Joan Berry Nassar, PA
3684 N. Wickham Rd., Suite B
Melbourne, Florida 32940
Phone: 321-751-8110
Fax: 321-751-8108
svalentin@familylawfl.com

Stan Wolfman
Wolfman & Wolfman PA
1300 Bedford Drive, Suite 103
Melbourne, FL  32940
Phone 321-259-4293

Frank Zilaitis, Counselor & Attorney at Law
Florida Supreme Court Certified
Family Mediator
Zilaitis Law, PA
128 Anona Place
Indian Harbour Beach, FL 32937
Phone: 321-773-2448
Fax:: 321-773-2449
frank@zilaitis.com
www.zilaitis.com