Collaborative law is a relatively recent development in the area of family law and has been around since approximately 1990. In the past decade it has gained increasing acceptance in the legal community as a dispute resolution method for family law cases. Lawyers who practice collaborative law effectively must receive special training and continue to update their skills with special training. Ms. Rodnick is one of five attorneys in the Austin area who have qualified as senior fellows with the Texas College of Collaborative Law. She is also a regular participant in the Master Class program in Travis County, which offers intensive seminars in collaborative law four times a year.

The collaborative process consists of the attorneys and their clients and a team of neutrals, the process facilitator, who is a mental health professional, and a financial neutral, who is often a CPA or a certified divorce financial planner. The attorneys and clients sign an agreement to work toward settlement using interest-based negotiation, option generation, and the use of neutral experts. This is different from the litigation model, which uses positional negotiation and often the use of “hired guns” as experts, which can drive up the cost of a case. In the collaborative model, the parties commit to staying out of the courthouse, and if the collaborative process terminates, the attorneys must withdraw and new counsel for litigation must be hired. While the withdrawal requirement may seem unusual, without it, the collaborative process would have no integrity.

Collaborative law is also a viable option for same-sex couples seeking to divide their property when a relationship ends, since the courts are not permitted to grant divorces to gay and lesbian couples in Texas. A court can always make orders respecting children, but collaborative law should always be considered for families with children - whether traditional or non-traditional, unless there has been family violence or some other compelling reason against its use.

Ms. Rodnick has handled over 50 collaborative cases and believes in using the team approach. She has worked with some of the best financial and mental health professionals in the Austin area on collaborative teams. She is the president of Central Texas Collaborative Family Lawyers, a member of the International Academy of Collaborative Professionals, a charter member of Collaborative Law Institute of Texas, and a senior Fellow with the Texas Institute of Collaborative law. She is a regular attendee at the Collaborative Master Class seminars and has spoken to legal and community groups about collaborative law.

If you wish to contact us for an appointment at our Austin office or simply for more information, please call (512) 477-2226.