Co-Parenting Solutions, LLC

10. Collaborative Divorce with Mental Health Professional Agreement


Agreement between: , Client, and Jordana Wolfson, LMSW, MA, ED SP, Owner of Co-Parenting Solutions, LLC and        Collaborative Mental Health Professional (MHP).

The Client has decided to use a Collaborative Divorce Team for the purpose of working out a settlement with their spouse/partner on one or more of the following matters: division of property, including any residence, investments, retirement accounts, and life insurance; arrangements involving the children of the marriage, including living arrangements, access to both parents, and support arrangements; and spousal support issues.

This agreement is entered into between the Client and the MHP to make clear their respective understandings of their roles and responsibilities during this process.

The Goal of the Collaborative Divorce Team:

The goal of the Collaborative Divorce Team is to assist the divorcing couple to work successfully within the Collaborative Divorce model to achieve a resolution of all issues that minimizes the negative economic, social and emotional consequences that families often experience in the traditional adversarial divorce process.

In order to achieve this goal, three independent disciplines will work together as a Collaborative Divorce Team as needed by the clients, to integrate the legal, emotional, and financial aspects of divorce. This agreement is between the Client and the MHP, who is a part of the Collaborative Divorce Team.

The Role of the MHP is to work with the couple to:

  1. Identify and prioritize the concerns of each person.
  2. Make effective use of conflict resolutions skills.
  3. Develop effective Co-Parenting skills.
  4. Work collaboratively with the couple and their attorneys and any other involved professionals to enhance communication and reduce misunderstandings.
  5. Direct their best efforts towards the collaborative process moving toward resolution.
  6. Assist in the creation of a Parenting Time Plan that meets the unique needs of the family.

The responsibility of the Client utilizing the Collaborative Divorce Team is to agree to:

  1. Work toward the best interest of the family as a whole.
  2. Sign confidentiality waivers provided by the MHP for their respective Attorneys, any Child Specialist and any Financial Professionals, waiving the privilege restricting each professional involved in the process with respect to communicating with each other on the Collaborative Divorce Team. The purpose of having signed waivers is to permit the Collaborative Divorce Team of professionals speak freely with all said involved professionals to facilitate a satisfactory resolution of the matter.
  3. Communicate openly and honestly with the MHP to maximize the likelihood that a workable arrangement addressing each party’s underlying concerns can be developed.

Understandings:

  1. The MHP has been retained for the limited purpose of assisting the Client through the Collaborative Divorce process. If therapy or counseling is desired, the MHP will refer the Client to another professional for longer term or more generalized assistance.
  2. The MHP is expected to discuss the Client’s issues and concerns with the other professionals on the Team. Furthermore, these issues and concerns may need to be discussed openly with their spouse to facilitate a mutually agreed upon resolution. The Client will sign a separate document waiving his/her confidentiality privileges between all members of the Collaborative Divorce Team and their spouse.
  3. In the event that the Client discloses information to the MHP that is vital to the resolution of the Collaborative Divorce and does not want this information shared with the other professionals or their spouse, the MHP will outline his/her options, which are:
    • With the help of the MHP, the Client may work towards full disclosure, as initially agreed in the Collaborative Divorce.
    • The Client may withdraw from the Collaborative Divorce.
    • The Client may request that the MHP be removed from the Collaborative Divorce Team.
  1. If the Client decides that the Collaborative Divorce process is no longer viable and elects to terminate the status of the case as a Collaborative Divorce matter, he/she agrees, in writing, to immediately inform the other party, the MHP, and both Attorneys.
  2. Under no circumstances will the MHP testify on behalf of or against any party who has signed this Agreement. The Client hereby waives any right to have the MHP testify in any Court of Law. The Client agrees that they shall not subpoena the MHP to Court.
  3. The MHP will be paid by the Client on the following terms:
    • In exchange for the services provided, an initial retainer of $1,000 is required. You will be billed against the retainer at the rate of $180.00 per hour for any time spent working on your case, including meetings with you, your spouse, or the professionals involved in your case, time spent on paperwork, or communicating with you or anyone else involved with your case via email, telephone, letter, or in person, and travel to and from meetings. If you cancel a scheduled appointment with or involving the MHP without providing at least 24 hours notice, unless due to an emergency, you will be billed for the time scheduled. Once your issue(s) is resolved or you no longer need an MHP, you will be reimbursed any unused portion of the retainer.
    • Once the retainer is exhausted, your credit card on file* will be charged for ongoing fees as we move through the process.
    • Even if it is determined that another party is responsible for paying the Client’s fees (identified below), the Client is responsible for ensuring that the payment is made available at the time the retainer is requested, and pursue reimbursement from the payor if needed.
    • If payment cannot be obtained, a collection agency and/or the courts will be used to pursue payment and such action could require the MHP to release to the collection agency, attorneys, and/or the courts, information which identifies the parties involved and describes the dates and nature of the charges, as well as all other information contained in the Client’s file. There will be a collection charge added to your balance, and you will be responsible for any other costs incurred from the collection agency.
    • Additionally, the MHP may choose to terminate participation in the Collaborative process due to unpaid fees.
  4. Both the MHP and the Client acknowledge that they have read this agreement, understand all the terms and conditions, and agree to abide by them. The parties understand that by agreeing to have the MHP provide the services identified herein, the MHP shall not be providing more traditional therapeutic services.

Financially Responsible Party:  

*Client must fill out Co-Parenting Solutions LLC Forms 1-8, which includes a Credit Card on File Form at https://www.coparentingsolutionsllc.com/about-jordana/client-forms-2/.

Email:
Client: Date Signed:

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Document name: 10. Collaborative Divorce with Mental Health Professional Agreement
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February 3, 2021 4:08 pm EDT10. Collaborative Divorce with Mental Health Professional Agreement Uploaded by Jordana Wolfson - jordana@coparentingsolutionsllc.com IP 75.128.132.184