It is widely known that navigating a divorce can be a difficult, contentious, and costly process.

While most American divorces do not reach the dramatic levels seen on television, they are far from easy. Typically, divorces involve the assistance of lawyers, a significant amount of time, money, and sometimes even a lengthy trial.

Courts across the country encourage couples to collaborate in resolving their divorce disputes. When both parties can come to an agreement, the process tends to be much smoother. If reaching an agreement seems impossible, hiring a mediator—a neutral third party—to facilitate discussions and resolve conflicts may be beneficial.

Certain states provide couples with divorce alternatives such as legal separation, but once again, cooperation between spouses is essential for this option to be effective. In cases where tensions are high and an agreement seems unattainable, following the traditional divorce process in your state is necessary.

What Is Collaborative Divorce?

A collaborative divorce is a legal procedure where couples can amicably discuss and settle all aspects of their divorce without resorting to courtroom battles or public disputes. Through a combination of mediation and negotiation, couples work together to reach agreements on key issues such as property division, debt allocation, child custody, child support, and spousal support.

How Does Collaborative Divorce Work?

The initial step in the collaborative divorce process involves a discussion between the divorcing partners to confirm their willingness to negotiate and cooperate in the collaborative process. If one party is not willing to take part, the collaborative divorce process will not be feasible.

The subsequent step involves each spouse engaging the services of a lawyer. It is crucial to select an attorney who is well-versed in collaborative divorce and open to utilizing alternative dispute resolution methods such as mediation, rather than opting for litigation and having a judge make decisions on unresolved matters.

Collaborative divorce attorneys with experience know how to transform a potentially adversarial situation into a mutually beneficial settlement for both parties. Your attorney should advocate solely for your best interests, ensuring that any terms in the divorce agreement that you are uncomfortable with are renegotiated to your advantage.

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Following this, arrange a private meeting with your attorney to outline your preferences for the divorce proceedings. This discussion should cover the division of assets and debts, child custody, visitation, child support, and potential spousal support post-divorce. If either spouse possesses a 401k or pension plan, it is essential to discuss with your attorney whether these accounts should be divided between you and your spouse.

Additionally, it is advisable to start building your collaborative divorce team, which may include a divorce coach, financial expert, and child specialist. These professionals will work jointly with both spouses, ensuring that the best interests of all parties involved are considered. While not all three specialists may be necessary, having a child specialist is typically recommended if minor children are involved. With your attorneys and specialists in place, your collaborative divorce team will work together to explore various options and achieve the most favorable resolutions for your family.

After reaching an agreement on the terms of your divorce with your spouse, your legal representatives will prepare a settlement agreement for both parties to endorse. Exercise caution and refrain from signing the document unless you are in full agreement with all the divorce terms. If the judgment is deemed fair and reasonable to both parties, the judge will authorize it, and it will then serve as the final judgment of your divorce.

Is Collaborative Divorce Right for Us?

The suitability of a collaborative divorce depends on the willingness of each spouse to negotiate and work together. If there is a history of domestic violence or an inability to communicate, a contested divorce may be necessary. Conversely, if both parties are open to discussing the divorce amicably, the collaborative process can save time and money. This approach allows the couple to retain control over the essential divorce issues without third-party intervention.

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Published by: www.lawyer-monthly.com

As an expert in General and Colorectal surgeon Mr. Rakesh Bhardwaj trained at Bristol University (1988-1993) and undertook a Research Higher Degree in the field of Colorectal Surgery at University of London and was awarded an MD. He undertook Higher Specialist Training in London and South-East England.

He completed his training with Specialist Surgical Fellowships at St Marks Hospital and with Ethicon Endosurgery. He is a Fellow of the Royal College of Surgeons of England and currently examines for the College. He developed an interest in Medical Law and recently obtained the award of LLM with a focus on clinical negligence.  Although he deals with conditions of the abdomen and has extensive experience in elective and emergency abdominal surgery, his main interest is in the field of colorectal surgery. This includes diagnosis and treatments for colorectal cancer, inflammatory bowel disease, functional bowel disease and anorectal pathology.  

Please introduce yourself to the readers of Lawyer Monthly and what is your professional background and education? 

My name is Rakesh Bhardwaj. I currently work in the NHS as a Consultant General and Colorectal Surgeon and have been in this position for fifteen years. 

I trained in medicine at Bristol University and graduated as a Bachelor of Medicine and a Bachelor of Surgery in 1993. I undertook by basic surgical training in Manchester and achieved admission as a Fellow of both the Royal College of Surgeons of England and Edinburgh in 1998. I then undertook a period of surgical research in colorectal surgery with the University of London and was awarded a higher degree by research, becoming a Doctor of Medicine. My Higher Specialist Surgical Training was undertaken in London and the Southeast of England and achieved entry to the Specialist Register along with an award of an FRCS in General Surgery.

After this I undertook a specialist fellowship at St Mark’s Hospital. This was followed by a sponsored laparoscopic fellowship with Ethicon Endosurgery in Plymouth. I joined the staff at Darent Valley Hospital as a Consultant Surgeon in 2009. I am currently Lead Clinician in Colorectal Surgery. 

I have chaired the Colorectal Cancer Multidisciplinary Meeting for twelve years and recently became an Examiner for the Royal College of Surgeons of England. I have a mature medicolegal practice and in order to improve my practice I studied medical law and achieved in 2023 the award of LLM with an interest in medical negligence. I have published several articles in the Expert Witness Journal in the fields of Consent and Gross Negligence Manslaughter.  

What are your areas of expertise and professional experience as a General and Colorectal Consultant Surgeon? 

Most of my practice centres around the diagnosis and treatment of Colon and Rectal Cancer. However, I have extensive experience in inflammatory bowel disease and benign colorectal disorders. I also have a commitment to general abdominal conditions such as hernias. As part of my emergency surgical commitment, I undertake all forms of emergency abdominal surgery.  

How did you become an expert witness specialising in General and Colorectal Surgery? 

I always had an interest in medical law. As I became more interested, I naturally fell into becoming an expert witness. I find it challenging but enormously rewarding. I find it also very useful in my current working life as a surgeon to have such exposure. 

Most of my experience is self-taught, but I find the support from medicolegal organisations very helpful. I try and keep up to date by attending medicolegal conferences and refreshing my skills with courses. Working towards legal deadlines with a current busy surgical practice keeps me very busy.  

What type of services do you provide? 

Most of my work consists of reports related to Medical Negligence. I accept instructions from Solicitors directly and Companies that are engaged by solicitors. I also work with NHS trusts and with NHS resolution. I thus conduct Screening, Breach of Duty, Causation and Condition and Prognosis Reports. I am happy to look at Medical Records alone or see patients directly in Harley Street, London or by video consultations when appropriate. I have recently expanded my practice and now consult in Manchester.  

What types of organizations or cases have you provided services to or assisted and in which areas? 

I have provided services for NHS Resolution, UK expert Medical, e-medical, Doctors Chambers, Medreport, UK independent Medical, S K Medical Practice and Bodycare Clinics.

I have assisted in the field of General and Colorectal Surgery. Specifically, I have dealt with the diagnosis and treatment of Colon and Rectal cancer and Emergency Surgical Conditions. I have also dealt with many Personal Injury cases causing abdominal injuries.  

What do you have to do as part of this role? 

I review medical records predominately and try and sift out the features that are salient to the legal instructions. I occasionally see patients in my chambers to assist in this process.  

What are the challenges with providing expert medico legal opinion on matters involving General and Colorectal Surgery? 

It is essential to provide a balanced opinion. I think clinical experience is essential but also understanding the nuances of modern medicine is vital. An academic background helps to provide supportive evidence. Ultimately, providing a sound opinion is the aim, and this can take considerable thought. Each case is unique.  

The working relationship between an expert and their instructing solicitor is a significant one. What are the challenges that experts face when working with instructing solicitors, and how do you overcome these? 

Communication is the key. All medicolegal work is about providing high quality reports within the terms that are agreed. I find it helpful to speak to the instructing solicitors sometimes get a deeper understanding of the instructions. Most instructing parties are understanding that medicolegal experts also have busy clinical commitments and are accommodating regarding looming deadlines. Time management is an essential skill.  

What is the most interesting case you have worked on? 

I find delays in cancer diagnosis specifically during the pandemic period some of the most interesting cases I have worked on. The pandemic created an extra-legal dimension to the cases.  

What do you consider the essential elements for a top-rated expert report? 

I find that the essential elements for medicolegal experts are discipline and organisation. I find that it is very useful to set aside protected peaceful time away from a busy clinical practice to write and more importantly think about what is required in each case. Extensive experience in inflammatory bowel disease and benign colorectal disorders. I also have a commitment to general abdominal conditions such as hernias. As part of my emergency surgical commitment, I undertake all forms of emergency abdominal surgery.  

How did you become an expert witness specialising in General and Colorectal Surgery? 

I always had an interest in medical law. As I became more interested, I naturally fell into becoming an expert witness. I find it challenging but enormously rewarding. I find it also very useful in my current working life as a surgeon to have such exposure.  Most of my experience is self-taught, but I find the support from medicolegal organisations very helpful. I try and keep up to date by attending medicolegal conferences and refreshing my skills with courses. Working towards legal deadlines with a current busy surgical practice keeps me very busy.  

What type of services do you provide? 

Most of my work consists of reports related to Medical Negligence. I accept instructions from Solicitors directly and Companies that are engaged by solicitors. I also work with NHS trusts and with NHS resolution. I thus conduct Screening, Breach of Duty, Causation and Condition and Prognosis Reports. I am happy to look at Medical Records alone or see patients directly in Harley Street, London or by video consultations when appropriate. I have recently expanded my practice and now consult in Manchester.  

What types of organizations or cases have you provided services to or assisted and in which areas? 

I have provided services for NHS Resolution, UK expert Medical, e-medical, Doctors Chambers, Medreport, UK independent Medical, S K Medical Practice and Bodycare Clinics. I have assisted in the field of General and Colorectal Surgery. Specifically, I have dealt with the diagnosis and treatment of Colon and Rectal cancer and Emergency Surgical Conditions. I have also dealt with many Personal Injury cases causing abdominal injuries.  

What do you have to do as part of this role? 

I review medical records predominately and try and sift out the features that are salient to the legal instructions. I occasionally see patients in my chambers to assist in this process.  

What are the challenges with providing expert medico legal opinion on matters involving General and Colorectal Surgery? 

It is essential to provide a balanced opinion. I think clinical experience is essential but also understanding the nuances of modern medicine is vital. An academic background helps to provide supportive evidence. Ultimately, providing a sound opinion is the aim, and this can take considerable thought. Each case is unique.  

The working relationship between an expert and their instructing solicitor is a significant one. What are the challenges that experts face when working with instructing solicitors, and how do you overcome these? 

Communication is the key. All medicolegal work is about providing high quality reports within the terms that are agreed. I find it helpful to speak to the instructing solicitors sometimes get a deeper understanding of the instructions. Most instructing parties are understanding that medicolegal experts also have busy clinical commitments and are accommodating regarding looming deadlines. Time management is an essential skill.  

What is the most interesting case you have worked on? 

I find delays in cancer diagnosis specifically during the pandemic period some of the most interesting cases I have worked on. The pandemic created an extra-legal dimension to the cases.  

What do you consider the essential elements for a top-rated expert report? 

I find that the essential elements for medicolegal experts are discipline and organisation. I find that it is very useful to set aside protected peaceful time away from a busy clinical practice to write and more importantly think about what is required in each case. 

Email: lindsaymedicolegal@protonmail.com 

Tel: 07388 187231 

Published by: www.lawyer-monthly.com - July 2nd, 2024

What is your professional background and education? 

My professional background started with 10 years in banking and finance.  I was a front-line manager then transitioned to corporate Training and Development at Norwest Corporation focused on Sales and Management training. I observed that training could deliver information but not behaviour change. I was drawn to coaching because I wanted to make a difference in organizations and in leaders’ lives. I founded The Bailey Group 35 years ago. 

I have a B.S. in Mathematics with a Minor in Economics. My master’s degree is in Human Development with an emphasis in Counselling in Organizational Psychology and my coaching certification from New Ventures West.  

What benefits does executive coaching provide to the legal sector, specifically, private practice law firms? 

Few lawyers are trained to be effective leaders. Yet, Managing Partners and Practice and Administrative leaders require sophisticated leadership skills. Executive coaching offers customized leadership development for leaders in law firms in four key areas of leadership competence: 

• Self-Mastery
• Relationship Mastery
• Results Mastery (working in the business)
• Strategic Mastery (working on the business)

Coaching is helpful in building a strong team relationship between the Managing Partner and Chief Operating Officer. Benefits include enabling each to spend more time separately and together on achieving strategic goals (vs. spending time trouble shooting less important issues).   

Coaching is helpful in supporting Managing Partners to lead with courage, clarity and confidence A Managing Partner must take the lead in developing and communicating a clear and compelling future vision for the firm, aligning the Board and Practice Leaders to the vision, and holding the Board and Practice Leaders accountable for doing their part in execution. If the Managing Partner is more a politician than leader, he/she may be invested in pleasing firm partners rather than leading them.

The result is weak decision making and poor strategy execution. Too often, law firms aspire to grow via M&A asking for more revenue production or leadership time from partners without executing on these objectives. An executive coach will assist the Managing Partner to lead with courage, overcome resistance to difficult decisions, and hold the Board and other key leaders accountable. 

Coaching is helpful in building a cohort of aligned leaders including the MP, COO, Practice Leaders, and the Board. Alignment on strategy and key priorities is necessary for firm success. Coaching helps leaders at all levels to communicate clearly, foster improved employee engagement, and drive operating and strategic execution. It also helps to avoid Managing Partner and COO burnout caused by feeling that they are carrying the entire weight of leadership for the firm 

How can good governance help law firm owners, Managing Partners, and COOs to make better decisions and how can this be done through coaching?  

Timely and effective decision making requires that owners, Managing Partners and COOs are clear about their authority and accountability for making decisions. Managing Partners often seek consensus from the Board and other stakeholders for decisions rather than seeking input, considering differing points of view, and then making decisions in a timely way. Coaches help key leaders to learn decision making processes that lead to decisions that others will commit to and be accountable for executing. Coaches also help Managing Partners discern when it is time to “call the question” and make decisions that they own and must make. 

Why is leadership coaching valuable for law firm partners and COOs?    

Success as a COO requires both strong management and strong leadership skills. COOs must lead a team of experienced executives that is capable of driving business results for the firm. At the same time, the COO must have leadership and influence skills which allow her to act as a peer with the Managing Partner, owners, and the Board. Coaching helps COOs understand their strengths and development opportunities as leaders and to use this insight to build more productive and impactful relationships with the Managing Partner, Board, owners and direct reports. 

What type of firms and people have you worked with and why did they hire you to provide executive coaching?  

Full-service business law firms. Clients have included Boards, Managing partners, COOs, Administrative Service leaders (e.g., Chief Marketing Officer and team, Chief Information Officer and team), Cohorts of Practice Leaders and Individual Partners.  

The most common reasons they hired us include coaching the Managing Partner and Managing Partner/COO team and strengthening the partnership between the Managing Partner and the Board. 

When you first start working with a new client, how is that relationship established and how do you determine the business challenges and opportunities for that client as well as organizational culture and dynamics to help the client develop effective action plans?  

The relationship begins with separate discussions with the person to be coached and his/her leader regarding desired outcomes for coaching. Then the person being coached is interviewed regarding the expertise and demographics of a coach that he/she might prefer. Interviews with one or two potential coaches are set up with the person to be coached to allow him/her to select a best fit coach. A SOW is then prepared and signed which outlines desired outcomes and services to be provided. Most often the CHRO has been involved by this point and may be the person to sign the SOW.  Once the SOW is signed, a three-way meeting with the coach, person to be coached and that person’s leader is held to align on expectations and then coaching begins. 

Are there different stages and or processes with executive coaching and how are these determined?  

There are four stages to executive coaching: Assessment, Development Plan Creation, Execution of the Plan, and Measurement.  

• Assessment includes both personality and 360° assessment using professional, reliable and valid assessments. 
• Development planning is first done with the coach and coachee and then shared with the coachee’s leader to assure alignment. 
• Plan execution involves on-going 1:1 meetings between the coach and coachee where issues are discussed, learning takes place, and new skills are practiced. 
• The Bailey Group has developed a proprietary measurement process which measures both satisfaction with and impact of the coaching.

How do you manage your clients’ expectations?  

A list of expectations of the person to be coached and the coach are reviewed in the first session. These include expectations related to confidentiality, accountabilities, meeting cadence, scheduling and cancelling meetings, and other logistics. 

Is it possible to determine the results and successes of executive coaching and can you provide any examples of this?  

The Bailey Group has developed a proprietary system for measuring results of coaching. In addition, we use pre-and-post 360 assessment and customized surveys to assess impact. 

What are the biggest misconceptions about executive coaching?  

A common misconception is that the act of hiring a coach will somehow magically fix the “problem”. Behaviour change requires that the coach, the person being coached (i.e., the “coachee”), and the leader be clear, aligned and mutually accountable for achieving the coaching outcomes.  

A related misconception is that “confidentiality” means that the leader can’t be “in the loop” about the progress of the coaching. At The Bailey Group, our model includes on-going meetings, led by the coachee, with the coach, coachee, and the leader to maintain alignment and share feedback about progress (or lack thereof). 

Do you have a typical style or approach to executive coaching?  

Our approach emphasizes psychological safety, insight, challenging irrational or outdated beliefs, and being an accountability partner with the coachee for changing behaviour. Adults learn best when they feel it is safe to be vulnerable, authentic and to take risks. We use assessments to help coachees learn how they are perceived by others and to make sure their self-perception matches how others (their leader, peers and direct reports) see them. Changing behaviour requires recognizing and making conscious old habits and then intentionally choosing and practicing new behaviours. Coaches, to be effective, must be willing to respectfully challenge and hold coachees accountable when necessary.   

Leigh H. Bailey
CEO & Founder
The Bailey Group
lbailey@thebaileygroup.com
Tel: 612-327-4030
www.TheBaileyGroup.com 

Published by: www.lawyer-monthly.com - July 2nd, 2024