This sounds like a casualty to collaborative practice. The glue that most
often holds the process together is the cooperation and support between
counsel. It is unfortunate when a disagreement like this is aired in front of
the
parties.
A suggestion would be to call a time out, and have the attorneys caucus to
discuss the situation outside the space of the clients. This has me thinking
we need to review our protocols to see whether this situation is addressed,
and if it isn't, provide a directive.
Secondly, the issue about how the law fits into the equation is always
difficult. There will be a natural tendency for the side that uses the law to
feel
compelled to offset some real or perceived inequity, while the party against
whom the 'law' card is being played to feel that the other attorney is
sabotaging the process. For this reason it also occurs to me that
conversations
about the law should most often be done between the attorney and their client,
outside the four way meeting, especially when there is disagreement about
this between the attorneys. Then the attorneys might consider meeting together
to talk about how this information might best be presented to the parties.
This is certainly are area with which I could use more experience!
Take Care
Bruce D. Peck
Collaborative Family Law
9202 Tyne Lane
Inver Grove Heights, MN 55077
(651) 994-9944
(651) 994-9955 Fax
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