It will be interesting to see the responses to this one. I think Rosemarie¹s
answer is one way that would work quite well. As a CP coach and facilitator,
I prefer to try to address as much as possible in the moment. This way you
can model skills for the clients and also insure that everyone is part of
the process.
So one way to address this when it happens (as a team attorney, coach, or
facilitator) is to just make the observation and speak to its potential
effect on the process.
For example, one might say: ³I just heard several statements that sound more
positional than collaborative in perspective. I believe this because... [
fill in the description of the statements heard and why one finds this
positional ]. Therefore, I am wondering if we can look at this from a more
collaborative perspective. For example, ......."
With this approach, one can just make the observation, offer a perspective
on it, and then see what other viewpoints are expressed. This minimizes the
possible creation of resentment and allows for addressing the issue in the
moment.
Jim Musante
Colorado Springs
CP coach and trainer
rlsroth@aol.com4/28/08 3:00 PM
I would take a break and confer with collaborative counsel. This happened to
me in a case that was a first collab. case for my colleague . I asked if we
could break for a few minutes and as soon as we did, the other attorney said
to me, "I realize a made an inappropriate statement" and we both smiled about
it and talked for a few minutes. What had happened, and this was our first
four way meeting, was that when we were introducing ourselves to each
other's clients , my colleagues started out by saying, " Basically, I'm a
litigator!" She has come a long way since then and does well now in the
process. It's
always better to approach matters like this in the easiest way possible and
since counsel for the parties are collaborative and have mind sets
appropriate
for the process, it should be a simple task to accomplish.
Rosemarie Roth
Rosemarie S. Roth, Esq.
8525 S.W. 92 Street
Suite B-5
Miami, Florida 33156
Telephone: 305-596-7303
Fax:305-596-1198
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In a message dated 4/28/2008 4:02:20 P.M. Eastern Daylight Time,
dmurch1@xxxxxxxxxxxxxxxx <mailto:dmurch1%40rochester.rr.com> writes:
---- "_dmurch1@rochester.dmurch <mailto:_dmurch1%40rochester.dmurch> _
(mailto:dmurch1@xxxxxxxxxxxxxxxx ;<mailto:dmurch1%40rochester.rr.com> ) "
<_dmurch1@rochester.dmurch <mailto:_dmurch1%40rochester.dmurch> _
(mailto:dmurch1@xxxxxxxxxxxxxxxx ;<mailto:dmurch1%40rochester.rr.com> ) >
wrote:
Dear All:
The question we offer this week is a fact pattern and a skills question.
Imagine you are at the collaborative table with two collaborative lawyers
and two clients. Your collaborative colleague make several statements that
feel
positional to you. What are your possible response choices?
Would your reponses be different, if there was a process fasciliator at the
table with you and the same thing happened?
April 28th, 2008
Collaborative Practicioners:
Lorraine Lopich
Marg Opatovsky
Dave Murch
