In reading Chip¹s article, I found his analogy of the big brother, little
brother appropriate to mediation AND collaborative practice (CP) but in my
experience, the tension is still between each form of ADR AND litigation
(including settlement conferences). Mediation and CP as models share process
goals and skill sets that are similar, but the structural container is
significantly different (especially the team CP model). Granted its stating
the obvious, but a team of professionals who are bonded to the same goal of
the client centered process is significantly different (I believe) then one
professional (the mediator) even if they are also in a client centered
process. This becomes more significant when the comparison of the two models
is a mediator facilitating a team of OUTSIDE professionals (e.g. Separate
attorneys; financial expert(s); MHPs, etc.) vs. the CP team model of
professionals who are ethically and contractually aligned in a unique
structure and spirit as a TEAM. Another analogy may help:
- a general contractor has a team of plumbers, carpenters, bricklayers, etc.
building the clients' house. I offer that the structure and spirit of that
team of professionals is way different then when the clients' just go out
and hire a plumber, and a carpenter, and a bricklayer who are all separately
working on the clients' house at the same time. Those professionals will say
that they have an understanding for what the other professionals are doing
on the property at the same time, but they often are not working as a team
because their inherent self interests come first. They are the same type of
professionals and skill sets as the general contractor has on his team, but
the interactions of the contractor's whole team is different then the sum of
the individual parts!
SO, I didn¹t find the answer to the question asked of whether its an "and
conversation" or an "or conversation". For me the question is moot. The
structure of the models are significantly different that I don¹t believe
they merit competition. Which model (e.g. Mediation, CP, even litigation) is
better for a specific family is unique to that family, at that time in their
lives, and the other factors that may lend guidance towards one model over
another.
Jim Musante
CP coach and trainer
dmurch1@xxxxxxxxxxxx.com3/9/08 7:01 PM
Chip Rose gave us a thought provoking article, in the most recent edition
of the Collaborative Review, about mediation and collaboration as duel
dispute resolution processes and the tension between them.
This is the collaborative question for this week: Is the conversation
about mediation and collaboration an "and conversation", as in this is
mediation and this is collaboration or an "or conversation", you are either
collaborating or mediating?
March 9th, 2008
Collaborative Practicioners:
Lorraine Lopich
Marg Opatovsky
Dave Murch
