June 17, 2015 - 11:42
No, it's not reconciliation, as in, let's stay married (though that can happen).
It's not "let's reconcile the accounts" so we'll stop fighting about your spending (which never hurts).
And, it's not placating an angry or menacing person (at least not without reason).
Divorce conciliaation is an active form of divorce mediation that demands and exploits the technical skills and knowledge of amatrimonial arbitrator and the people and process skills of a mediator with sensible advocacy, lots of professional input, information and evaluation of facts, prospects and outcomes. It begins with an exploration of a court case, with all of its legal, psychological and financial complexities, and proceeds to intense discussion of how to do better for the re-shaped family than what a court might do (and may be permitted to do by law), while dirving towards the best overall economic outcome.
I will be presenting at the Divorce Catalyst Conference on October 2, 2015 at 2:00 p.m., with lots of materials about the methodology that I use in providing conciliation and other “hybrid" services to divorcing couples and their lawyers, in Greater Boston at Levine Dispute Resolution Center LLC (https://levinedisputeresolution.com). After 33 years of practicing family law as a negotiation, trial and appellate advocate (30 in private divorce litigation practice), my wife Chouteau Levine (a retired Massachusetts Probate and Family Court judge) and I have been delivering purely "neutral services" in family and probate cases for almost 4 years, including mediation. arbitration, master work, and conciliation services.
When clients are either disinclined to actively negotiate based on refined "interests," in isolation from what awaits them in court -- their BATNA -- they sometimes need an objective, evaluative facilitator with a strong hand and steady eye, to assist them in weighing their options in relation to what may actually happen in court. That's where we come in.
So what has that got to do with financial professionals? The answer is “plenty." I will talk about the role of valuation experts, forensics practitioners, financial planners, economists, vocational experts and tax preparers in this information-rich process, where adjunct professionals are welcomed, treated with respect and gratitude for their expertise, and not, as so often is the case in divorce litigation, cross-fire.
I hope to see you there and that you will introduce yourself.