Insight

Joan H. McWilliams, Colorado's "Lawyer of the Year" for Family Law 2017

Family Lawyer Joan H. McWilliams
TC

Tess Congo

February 9, 2017 03:47 PM

Mediation allows special issues to be carefully reviewed and resolved. How might divorce between parents of a special needs child work? Do specific provisions need to be made when alcohol abuse comes into play? Do parents want to provide college money for their children? What will happen to a shared business? Joan H. McWilliams, president and founder of McWilliams Mediation Group, helps parties answer these questions and incorporate the conclusions into a plan that carefully outlines strategies for successful co-parenthood or business co-management.

“Our adversarial system isn’t very well-designed for divorce cases,” says McWilliams. “Once you go into court, one person has to prove that they’re right, and the other person has to prove that they’re wrong. This often increases hostility.”

In mediation, clients are encouraged to voice their concerns in a peaceful environment conducive to producing positive solutions. Whether the parties elect to meet together or separately, McWilliams has the conference rooms to accommodate either preference.

“The magic of mediation lies in the design. The parties control the process and are the ultimate decision makers,” says McWilliams.

While McWilliams helps separating parents devise plans for their families and finances, she also passionately advocates for amplifying children’s voices during mediation. “In the adversarial system, children are really lost. Their voices are rarely heard,” McWilliams says. “Mediation is good because you can figuratively bring the kids to the table. In mediation, we can talk specifically about what they need and what the parents need to do to meet those needs so that they can leave with guidelines for raising their children and keeping them away from the conflict.”

“Our adversarial system isn’t very well-designed for divorce cases.”

In striving to protect children from the harmful effects of divorce, McWilliams devoted a year to creating a proposal to amend a comment to a rule in the Colorado Rules of Professional Conduct. Rule 2.1, titled “Advisor,” states that lawyers may refer to the law when advising clients as well as refer to “moral, economic, social, and political factors that may be relevant to the client’s situation.” McWilliams’ proposal encourages attorneys to advise divorcing or separating clients with children that parental conflicts can have significant adverse effects on the children, which had not been explicitly stated before. “Divorce may hurt children a little bit, or it may hurt them a lot, but it’s a pain that they carry throughout their lives, and we can avoid that,” says McWilliams.

On December 1, 2016, the Colorado Supreme Court approved McWilliams’ proposed amendment, making it the first state in the country to include such a provision in the Rules of Professional Conduct.

First listed in Best Lawyers in 2005, McWilliams has been honored as a “Lawyer of the Year” twice in family law mediation. She was recognized by Super Lawyers in 2016 and as Law Week Colorado’s 2016 Barrister’s Best Mediator. McWilliams has also been awarded the 2016 Richard N. Doyle CLE Award of Excellence, the University of Denver Sturm College of Law Outstanding Alumni Professional Award, and the Colorado Bar Association’s Family Law Icon Award. She has also taken her vast experience and knowledge in mediation to the press with two books: Parenting Plans for Families after Divorce and the award-winning The PeaceFinder: Riley McFee’s Quest for World Peace.

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky