How to Set Meaningful Goals for Collaboration

When we set goals, the natural tendency, and the easiest approach, is to just make a list of the things each party wants, such as the house, a retirement plan, alimony, a savings account, $50,000.00 cash, control of a business, etc. Actually, in a Collaborative case, we want to approach goals at a higher and broader level. For example, you can state that you want to provide sufficient funds to pay for college for the kids.

Goal setting is an essential first step in Collaborative Law cases. Both parties need to identify and state what goals would be important to them. Some goals are joint and some are individual. It's really nice when there are joint goals, but that doesn't always occur. Joint goals might include such things as raising the kids while acting as co-parents, having the kids live in a safe and comfortable neighborhood and saving taxes while dividing up the marital property.

Each of the above goals are broad enough that they will permit consideration of multiple solutions. That means that you will have more and better possible solutions to work with.

When you are setting your goals, here are some principles to keep in mind.

• Goals should identify interests. They should be fairly broadly stated and should relate to fundamentally important matters for you.

• Goals should not be just a specific solution or asset or amount of money.

• It's helpful, but not required, for the parties to have common goals and to work out solutions together.

To help you understand and apply these ideas, here are some examples of badly worded goals, followed by more appropriate statements.

1. "I want the house." That statement is a solution, one choice to address the need or interest in having a house. A better statement of a goal would be something like, "I want an affordable house in a safe neighborhood, near good schools." That identified several interests, including having a house, living in a safe area and being near good schools for the kids. It also allows several possible solutions, including the current house and any other house that met those criteria.

2. "I want the kids 50-50." That is one way to meet an interest that might be stated as, "I want to be actively involved in the kids' lives", which is a much broader goal that probably more accurately reflects the desire to do things with the kids. Being actively involved means more than just spending time. It's playing, talking and listening, reading, studying and other activities with the kids. It can include volunteering and helping with the kids' activities in school and out. It also includes participating in health and medical and dental issues. Being an active parent is much more than just putting in the time. You can ensure that each parent will be able to be an active parent as you allocate the rights, powers and duties of parents.

3. "I want the credit union savings account." That request can be a single solution, but it is important to uncover the real underlying issue, which could be the need for an emergency fund, the need for school expenses, or having seed money to start a business, for example. It's better to look for the big picture and open up to find multiple possible solutions. That will make it easier to find a satisfactory financial or other solution.

When you are setting goals at the outset of a Collaborative case, spend some time and come up with statements of goals that use broad and high-level terms. Don't immediately propose a solution. Instead, look for deeper insight into whatever needs or interests you have. Be willing to ask "why?" to get to the real underlying interests. Don't treat goal setting lightly. You can accomplish a lot if you carefully identify your goals at the beginning of a Collaborative case.

The Benefits of Establishing Goals

Every year, at the first of the year, a tradition for many Americans, besides planning to lose weight, is to come up with a list of goals for the upcoming year. In Collaborative Law cases (all year long), we also start off each case with the process of the parties listing and clarifying their goals, needs and interests.

Some people like to cut to the chase and start negotiating immediately. They get anxious and see setting goals as unnecessary, expensive and delaying the process. Others have a hard time setting goals and are uncomfortable doing it, so they prefer to avoid it. Actually, the Collaborative process works out better, produces more options and works more efficiently when the parties thoughtfully spell out their objectives in advance. Here's why:

1. Stephen Covey talks about starting with the end in mind. That makes a lot of sense. You can plan your steps and direction once you determine where you want to go. That's better than just assuming that you should aim for arbitrary "standard" solutions, such as a 50-50 property division or taking the standard possession schedule or child support calculations.

2. Setting goals makes you stop and think. Working with experienced Collaborative lawyers and other professionals, you can ask yourself questions about what you really want in your post-divorce life. As you consider different choices and directions, you will make better plans and be more creative in coming up with possible solutions.

3. You may discover common ground with your spouse. When goals are set at a broad level, the parties often discover that they have common goals that make it easier to settle their case. For example, both parents may agree that they want the kids to live in a safe neighborhood or they want the kids to have sufficient funds to pay for college. Both parties may agree that they should pay off some debts so they can start off with debt-free post divorce. In each case, once the broad, high-level goals are set, the parties can begin to figure out how to accomplish them.

4. The process may help you learn more about your spouse. Even if you have been married a long time, there are often things you don't know about your spouse, or your spouse may have changed in ways that you don't know about. If you try to work through a divorce settlement assuming things from the past, your approach may be very inaccurate. Similarly, you may educate your spouse about your new ideas and interests. Continuing down the wrong path through ignorance wastes time and money for both of you and is very dissatisfying.

5. Setting goals helps keep everyone focused and operating efficiently. That translates into saving time and money and minimizing stress. Who wouldn't like that?

Why We Use Interest-Based Bargaining

In Collaborative Law cases, we work hard to get the parties to establish and then focus on their goals, needs and interests. Negotiating with that perspective is called interest-based bargaining. One of the great advantages of Collaborative Law is the emphasis on goals, needs and interests. Instead of taking at arbitrary approach, such as aiming for half of everything, or using state guidelines to set child support or visitation schedules, interest-based negotiations look at what's important to, or needed by, each party. While courts virtually never order everything sold and the proceeds split equally, many people still start out blindly wanting half of everything. Very often, that's a bad solution.

1. Positional Bargaining. While some people start out saying they want half of everything, many others will start from an extreme position so that they can end up at 50-50 or at a slightly more favorable (but still arbitrary) position. Most people going through divorce use "positional" bargaining, either having an arbitrary 50-50 target or starting at extreme positions and not focusing on what's really important to them. That usually involves tunnel vision, looking only at what's in front of them and not considering alternative ways to meet their needs.

2. Other Contexts. Positional bargaining is used in other contexts as well. Many people will buy a house by negotiating the price with the seller. Sometimes it works out, but other times it doesn't because of an extreme starting point or the unwillingness of one of the parties to compromise. Sometimes the negotiations in other situations become heated and inflammatory language is used as a means of getting someone to change their position. Many people just automatically start a negotiation by claiming an extreme starting point from which they plan to move to an acceptable end point.

3. Interest-Based Negotiations. In Collaborative Law, the focus from the start is on what's really important to the parties. We don't have an arbitrary goal, like 50-50, or arbitrary starting point. Instead, we start with something like "having a safe, affordable house" or "being able to finish the job training program", things that are not as quantifiable, but which are clearly very important to one of the parties. Interest-based approaches require a lot of thought and planning, and they encourage creativity in coming up with customized solutions. Receiving half of a pension might not enable a party to pay for job training, but getting alimony could provide the means for that. Traditional litigated divorces focus on a limited field of possibilities. Collaborative Law emphasizes the parties' real interests.

Examples: In Collaborative Law, here are some examples of solutions linked to needs.

• If a party needs cash, there can be alimony or the more liquid assets could go 100% to one party and the other party could get other assets.
• If one party needs more retirement funds, that could be agreed, with the other party getting other assets.
• If there's an odd work schedule, the parties can create a unique possession schedule for the kids, instead of using the standard schedules.
• If a child or a party has special needs, there can be special solutions.
• If a party hasn't worked outside the home for a number of years, there can be a focus on getting support or job training, not just splitting the assets.
  

Anyone wanting a thoughtful divorce should consider using Collaborative Law so they can get the advantage of interest-based negotiating.

Why Do We Spend Time Writing Our Goals?

Some people are just impatient and some wonder why we set goals when most people going through divorces don't spend time doing it. The answer is that we need a target to focus on. Collaborative Law is interest-based, which means that negotiations take into consideration the goals, needs and interests of each party. An agreement is not to be based on standard formulas or guidelines. We really want to know what is important to the parties in the case. We want to meet their specific needs instead of just handing them a piece of paper granting the divorce which is just based on standard solutions or what the judge decided. Setting goals helps us know what we need to accomplish and helps the parties decide what's really important for them. It might seem easier to not invest the time in coming up with the goals for each party, but we use the goals to create solutions that are meaningful and valuable. It turns out to be time well spent!

Free Online Summaries of Family Laws in All Fifty States

Even though the Collaborative process works best when the parties establish and focus on their own goals and interests rather than rely on arbitrary or statutory standards, some parties (and occasionally, an attorney) want to discuss how a court would handle a situation, such as child support or property division or visitation. For example, they may ask how much child support would be ordered based on a gross income of $9,000.00 per month. They often follow that by insisting that they will accept nothing less than the standard child support that a court would impose. That obviously limits options and doesn't necessarily help the parties achieve their goals.

Knowing how people often think, I prefer to use an approach that was suggested by Don Royall of Houston several years ago in a paper he presented at the Texas Advanced Family Law Seminar . He suggested that, instead of trying to not inform clients about Texas law, we should provide information about how Texas and various other states deal with the same situation. In other words, if a party wants information about the Texas child support scheme, s/he should get that information, but should also get information about how child support is calculated in Oklahoma, New Mexico, Illinois, California, Florida, Kentucky, New York, Arizona, etc. Providing that information from a variety of states encourages a party to be more creative and open to various solutions that are being used around the country. It helps a party understand that there is no single "correct" answer.

The following links were published in the South Carolina Family Law Blog and in the California Divorce Blawg to provide information for the parties to consider when they want to know about what state law provides:

The American Bar Association's Section of Family Law publishes charts in its Family Law Quarterly which summarize the basic laws in each state by topic, including custody, alimony and grounds for divorce. These charts are current as of November 2007, and they are useful as a quick reference to both attorneys and clients. Charts are available on the following subjects:

Alimony/Spousal Support Factors
Custody Criteria
Child Support Guidelines
Grounds for Divorce and Residency Requirements
Property Division
Third-Party Visitation
Appointment Laws in Adoption, Guardianship, and Parentage Cases
Download All Charts

Source: Posted on October 30, 2007 by J. Benjamin Stevens in the South Carolina Family Law Blog. Thanks to John Harding for his original article on this subject published at his California Divorce Blawg.