Rosner Presents Civil Collaborative Options for Estates and Trusts at Statewide Conference
The Collaborative Process model for divorce and similar family law cases enjoys a proven track record of success and an excellent option for many families. The benefits of the Collaborative Process also extend to other family issues but awareness and effectiveness of this process are less known.
Civil collaborative law expert Doug Rosner of Family Divorce Solutions of San Fernando Valley presents “Training for Trust and Estates Options” at the upcoming Collaborative Practice California “Conference XI” on Saturday, April 30, in Redwood City, California. Joining Rosner for the presentation are mental health professionals Nancy J. Ross, LCSW, BCD; Keith Brittany, MFT; financial professional Cathy Daigle, CFP, CDFA; and family law attorney Kamela Laird.
“We want to introduce to family law practitioners the idea of the Collaborative Process as a good option for cases involving larger family issues, especially trust and estate cases,” said Rosner.
Rosner points out these cases are not so different from divorce issues. “Disputes involving trusts and estates involve disputes of the larger family. Instead of having a mom, dad and kids, you have mom, dad, grandma, grandpa, siblings and other extended family members. We can use the same positive Collaborative Process model we use in family law to help these individuals in conflict solve their problems as well.”
Rosner says the Collaborative model is adaptable to many different kinds of family situations to solve disagreements which could end up in the legal system.
“We are trying to manage the discourse between family members during a time of great need,” said Rosner. “We’re trying to assist the family in conflict in a process that will manage their emotions, facilitate open communication enabling a dialogue among and between all family members to assist each member in identifying their common interest. Then we as a Collaborative team empower the family members to examine all of their interests and create solutions.”
Rosner says a significant advantage of the Collaborative Process is the inclusion of a licensed mental health professional to provide guidance and support. “One of the main tools we’re able to use is the expertise of a mental health professional who has family dynamic training and experience. This mental health expert can examine the entire family unit and assist them in managing their emotions and facilitating productive communication. With their help, we can work as a team to figure out how to navigate through a conflict.”
Rosner says attorneys need to realize cases involving estates, trust, probate and Elder Abuse issues involve much more than questions about money or legal processes.
“Issues that have festered in the family erupt,” Rosner said. “You sit down with them and ask questions to help neutralize the emotional firecracker that sits there. We recognize any frustrations that are expressed by all parties involved. Sometimes these issues go back many years and are intensely personal and emotional.
“It is important we do not take sides, but we do our best to try and understand the nature of the disputes, and then help the parties themselves design a solution that addresses these issues. At the same time, we educate our clients about their legal rights and obligations so that they can make their own informed decisions,” added Rosner.
Rosner says his goal is to introduce the Civil Collaborative Process as an option for many types of civil disputes, allowing families to settle difficult issues and help create a path forward to provide a healthier family system, without going to court, with the same benefits as Collaborative Divorce: a resolution with less stress and often, depending upon the case, lower costs than litigation.
To learn more about Civil Collaborative options, visit the Civil Collaborative Solutions webpage for more information.
To learn more about CP Cal’s “Conference XI” April 29 – May 1, visit the conference webpage.