The brainstorming aspect is an important element of Collaborative Practice and mediation, where all ideas (even the wacky ones!) are carefully documented. The brainstorming process is intentionally conducted (and conducted with intention) to create real buy-in from both spouses. To illustrate, here is an example of what a “who gets the house” brainstorm might look like, assuming in this instance that the Wife is keen on keeping the house. First, all the possible solutions are documented.
| Allocation of House | Husband | Wife |
| Wife takes house and buys out Husband | ||
| Husband takes house and buys out Wife | ||
| Wife takes house with no buyout, but less retirement funds | ||
| Husband takes house with no buyout, but less retirement funds | ||
| Sell house | ||
| Create LLC to hold house and Wife rents | ||
| Create LLC to hold house and rent to 3rd parties | ||
| Renovate house to duplex and both live there |
Once all the ideas are recorded, the facilitator surveys the spouses to find out if they agree, disagree, need more information, or might consider each of the options.
| Allocation of House | Husband | Wife |
| Wife takes house and buys out Husband | Yes | Yes |
| Husband takes house and buys out Wife | Yes | No |
| Wife takes house with no buyout, but less retirement funds | Need more info | Yes |
| Husband takes house with no buyout, but less retirement funds | Need more info | No |
| Sell house | Yes | No |
| Create LLC to hold house and Wife rents | No | Yes |
| Create LLC to hold house and rent to 3rd parties | No | Yes |
| Renovate house to duplex and both live there | No | Maybe |
Now that the first round is done, those options lacking consensus are eliminated.
| Allocation of House | Husband | Wife |
| Wife takes house and buys out Husband | Yes | Yes |
| Husband takes house and buys out Wife | Yes | No |
| Wife takes house with no buyout, but less retirement funds | Need more info | Yes |
| Husband takes house with no buyout, but less retirement funds | Need more info | No |
| Sell house | Yes | No |
| Create LLC to hold house and Wife rents | No | Yes |
| Create LLC to hold house and rent to 3rd parties | No | Yes |
| Renovate house to duplex and both live there | No | Maybe |
You can see that, at this stage, the spouses are down to just two options, with some information gathering to be accomplished on the second option. This methodology can be applied to every issue in controversy, from personal property to kids’ holiday schedules, from business buyouts to home base for the family pet.
Once the spouses reach consensus on all issues, the collaborative attorneys or mediator will begin drafting settlement documents. Questions about Collaborative Divorce or mediation? Call us to learn more!