I have had Collaborative cases with new attorneys that have gone extremely
well. I have also had cases with very experienced attorneys that have not
gone well. While experience is obviously very important, it is only one
of the key factors in determining the quality of legal services. Other
factors, such as the amount of training in collaborative practice, training
and experience in mediation, related life experiences and a person's general
attitude, intelligence and personality are critical as well.
We would all like to see that all collaborative cases are handled with great
skill. However, restricting membership to those who have practiced family
law for a certain number of years will not guarantee that result and will
weed out many able practitioners. I really think our role should be to
provide as much training and mentoring as possible for the professionals who
want to learn about this method and to guide the public in choosing
professionals based on a wide range of factors. I am not sure we do the
public a favor by refusing to include attorneys based on any litmus test,
including the number of years of family law practice.
Ronald D. Ousky
Collaborative Attorney and Mediator
3300 Edinborough Way
Suite 550
Edina, MN 55435
Tel. (952) 806-9787
Fax. (952) 405-2077
ron@xxxxxxxxx
_____
From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On Behalf
Of Chris and Mary Ann Ellison
Sent: Tuesday, June 06, 2006 1:35 AM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: [CollabLaw] 4 - 5 year requirement
I am also a law student interested only in ADR, with a particular interest
in collaborative law. When I posed this question (of experience) to
collaborative practitioners last year I received similar varied responses.
Perhaps a model of sorts would be to allow "newbies" while maintaining a
rating system similar to mediate.com. This way, the client forms an
"informed" relationship, aware of training and experience, but ultimately
chooses the professional that he/she wishes based on a personal set of
criteria.
While I appreciate the value of experience, I also think there is great
value found in people who are eager, enthusiastic and fresh, even if still a
bit naive.
I am also an "older student" with life experiences that include among other
things, four children, a husband from a different country, family law
knowledge/legal education in a commonwealth country, my own previous
business, overseas assets.....but more importantly, life experiences that
have taught me what it is I do want to do, and don't want to do - which is
litigate.
It is sad to think I could only become connected with local practice groups
after having done so.
Just my two cents. In the meantime I try to keep abreast of the
collaborative issues by reading this listserve.
Mary Ann Ellison
Law Student
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