More the reason for using the CP team approach and for coaches as
facilitators of the process, as our skill sets are highly developed in this
area!
Jim Musante
CP coach and trainer
rlsroth@aol.com4/29/08 11:07 AM
My concern in using Jim's approach is that unless very carefully presented,
there could be some embarrassment to the professional. I think Jim's
approach would work well for the parties since they may be less familiar with
the
behavior/language/approach required during the process and consequently
embarrassment would not be an issue for them. It is always a good idea with
clients, when something inappropriate is stated by one of them to stop and
review
the reasons the party chose the process, what they were trying to accomplish
by what they said and to explore what better approach may have been taken or
could be taken. Getting the "hang" of how to communicate in the process takes
time and experience for the attorneys so as guides for our clients, our
experience has taught us to look at options for a better way to state or
respond
in an appropriate manner.
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
Email: rlsroth@xxxxxxx <mailto:rlsroth%40aol.com>
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In a message dated 4/28/2008 7:57:22 P.M. Eastern Daylight Time,
jm@xxxxxxxxxxxxxxxxxxx <mailto:jm%40winwinsolutions.net> writes:
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@xxxxxxxx <mailto:_rlsroth%40aol.rlsr> _ (mailto:rlsroth@aol.com4
<mailto:rlsroth%40aol.com4> ) /28/08 3:00 PM
I would take a break and confer with collaborative counsel. This happenedto
me in a case that was a first collab. case for my colleague . I asked if wesaid
could break for a few minutes and as soon as we did, the other attorney
to me, "I realize a made an inappropriate statement" and we both smiledabout
it and talked for a few minutes. What had happened, and this was our first<mailto:rlsroth%mailto:rl>
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-
Email: _rlsroth@xxxxxxx <mailto:_rlsroth%40aol.rls> _ (mailto:rlsroth@xxxxxxx
<mailto:rlsroth%40aol.com> )
<mailto:dmurch1%mailto:dmurcmailto> writes:
This email and any attachments are confidential and legally privileged. It
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distribution or duplication of this communication is strictly prohibited.
If you have received this in error, please notify the sender by reply email
and then delete the email completely from your system. This email and any
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the
recipient to conduct their own security measures and no responsibility is
accepted by Rosemarie S. Roth P.A., for loss or damage arising from the
receipt or
use of this email. Further, no responsibility is accepted by Rosemarie S.
Roth, P.A., for personal email, or email not connected with the firm's or
client's business.
In a message dated 4/28/2008 4:02:20 P.M. Eastern Daylight Time,
_dmurch1@rochester.dmurch <mailto:_dmurch1%40rochester.dmurch> _
(mailto:dmurch1@xxxxxxxxxxxxxxxx ;<mailto:dmurch1%40rochester.rr.com> )
<mailto:_dmurch1%mailto:_dmurmailto> _
---- "__dmurch1@rochester._dmurc_ (mailto:_dmurch1@rochester.dmurch
<mailto:_dmurch1%40rochester.dmurch> )
(mailto:_dmurch1@rochester.dmurch ;<mailto:_dmurch1%40rochester.dmurch> _<mailto:dmurch1%mailto:dmurcmailto> ) "
(mailto:dmurch1@xxxxxxxxxxxxxxxx ;<mailto:dmurch1%40rochester.rr.com> )
<__dmurch1@rochester._dmurc_ (mailto:_dmurch1@rochester.dmurch<mailto:_dmurch1%mailto:_dmurmailto> _
<mailto:_dmurch1%40rochester.dmurch> )
(mailto:_dmurch1@rochester.dmurch ;<mailto:_dmurch1%40rochester.dmurch> _<mailto:dmurch1%mailto:dmurcmailto> ) >
(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
