Chip,
Several points.... first off, always good to hear you, especially in
person. :-)
As to the substance.... While I applaud the efforts of any volunteer group
to encourage excellence in their chosen 'profession', I maintain several
judgements about such efforts. And this applies heavily to Collaborative
Practice Groups / Organizations.
1- Since it is NOT a regulatory body, it has no ability whatsoever to
prevent anyone who does not meet its aspirational standards from hanging
out a shingle. All they CAN do is establish some exclusive member
organization.
2- Unless the requirements for membership/fellowship/certification are
SUBJECTIVE, they are nothing more than hurdles. And especially lawyers
LIVE to run hurdles. Moreover, because they are NOT subjective, they can
NOT, NOT EVER, be suggested as any indication that the person is any good
at all at doing whatever it is.
3- And I have made this point many times over the years to many practice
groups - the more your group/organization makes it 'look like' it is
'certifying' its people, the more likely it is that the entity will find
itself on the wrong side of a malpractice suit when someone who 'met its
requirements' nonetheless screws up.
My view is that professionals should want to do this because it calls to
their souls; not because it will increase their caseload or their profit
margin. Not even because it will decrease their own stress levels.
I've never been a strong supporter of efforts to proselytize to other
professionals. Growing our professional numbers has never been, in my
mind, an effective way of growing CP. I've seen up close the incredibly
damaging effects that can come from efforts to 'train as many professionals
as possible'; to sell out trainings. In short, they simply backfire.
'Everyone' should never be our target group of professionals. If we are
willing to stand firm in our own acceptance that this work is who we are,
then those for whom it would also be true will be drawn to it. Myself, I'd
rather say 'I'm not sure that this is right for you' BEFORE someone has
taken a 2 day 'training' and managed to not 'settle' several cases and thus
give the work a bad name.
*InJoy!*
*cMr
*
*Collaborative Practice Chicago*
*Divorce Without Warfare*
*carl Michael rossi, M.A. J.D., L.P.C.
Attorney, Mediator, Coach, Counselor*
*773-442-2751
*
*cMr@xxxxxxxxxxxxx* <cMr@xxxxxxxxxxxxx>
*www.CPChicago.net <http://www.cpchicago.net/>*
Executive Director, *Collaborative Practice Professionals of
Illinois*<http://cppillinois.com/>
Publisher, *The World of Collaborative
Practice<http://theworldofcollaborativepractice.com/>
**: A Magazine Promoting Collaborative Dispute Resolution for the Full
Range of Possibilities.* An international online magazine for
professionals and the general public
On Tue, Feb 12, 2013 at 1:04 PM, Chip Rose <crose@xxxxxxx> wrote:
**
To your last point, Morris, the Academy of Professional Family
Mediators—formed last year by former leaders of the Academy of Family
Mediators—is diligently working on the issue of accreditation for
professional family mediators recognizing that a number of states already
set accreditation standards and that these tend to be driven by bar
associations with a decidedly narrow focus on facilitative, consensual
negotiating processes. Following our enormously successful founding
conference last year, APFM has organized a task force of members from
across North America and Europe to work on standards of practice and
certification as it would be designed by practicing professional mediators
rather than institutional legal organizations or legislatures. In the
absence of such standards, we see these kinds of “rigorous requirements”
created by who knows, that causes your description to drip!
Chip
Chip Rose, J.D., CFLS
The Mediation Center
550 Water St. Suite J-3
Santa Cruz, CA 95060
831-429-9721
www.mediate.com/crose
-----Original Message-----
From: M. Armstrong
Sent: Monday, February 11, 2013 6:10 PM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: RE: [CollabLaw] How different from litigation? How much like
mediation? Is our message getting distorted? Is CP getting distorted?
That is some website and in my opinion, a bit more than misleading. What
jumps out is the section on level of compliance. I think that it wrongly
implies that litigation is automatically an ordered settlement and ignores
the process. If you tally all divorces, mediated, litigated and
Collaborated, what is the percent hat actually goes to trial? 2 percent?
That would indicate that the other 98 percent are mutually agreed upon - be
they mediated, Collaborated or litigated.
I like the rigorous requirements to become an Accredited Professional
Divorce Mediator, said with dripping sarcasm.
-----Original Message-----
From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On
Behalf
Of Paul G. Kostro, Esq.
Sent: Monday, February 11, 2013 6:22 PM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: Re: [CollabLaw] How different from litigation? How much like
mediation? Is our message getting distorted? Is CP getting distorted?
I believe that the website referred to is:
http://www.equitablemediation.com/an-equitable-difference/mediation-collabor
ative-divorce-litigation/
Paul G. Kostro, Esq.
726 West Saint Georges Avenue (Rt. 27)
Linden, NJ 07036
908-486-2200
Paul@xxxxxxxxxx
www.Kostro.com
Fax: 908-486-1200
On 2/11/2013 5:45 PM, Aaron G. Welt, Ph.D. wrote:
Would you send me or us the name of the service that put out the chart?'settling'?
Being here in NJ, I am naturally interested.
Aaron
Aaron G. Welt, Ph.D.
261 James St.
Suite 2-C
Morristown, NJ 07960
535 Morris Ave.
Springfield, NJ 07081
973-538-7490
carl Michael rossi wrote:
I put this also on a LinkedIn Group....but I still prefer using the
listServe for such questions....
Came upon a very interesting chart comparing
Mediation-Collaborative-Litigation....compiled by a non-attorney
mediation service in New Jersey and Illinois. Some highlights from
the CP column:
"Child Focused? - Maybe - collaborative divorce is directed by two
family attorneys who may or may not have your children's best
interests in mind."
"Participation by the Parties - Medium - Collaborative divorce is
controlled by family attorneys and other professionals. You have some
input in the settlement they draft."
"Fairness - Medium - Having a family attorney fight for you might
lead to a fairer agreement. Or it might not.If you're lucky you'll
have two attorneys in the room who know each other and can at least
try and work together."
"Likelihood of compliance - Moderate - The parties may have had some
hand in the settlement but since it was more likely directed by two
family attorneys, you may or may not agree with the settlement and
want to comply."
Obviously this person is pushing his own services. But how far off is
he? My perception is that the more a professional considers CP as
"settlement", the more the process ends up being just what this one
says about us.....that it isn't all that different from litigation.
What do you think? How do you make sure that you are NOT just
/*InJoy!*/
*/cMr
/*
/*Collaborative Practice Chicago*/
*/Divorce Without Warfare/*
*/carl Michael rossi, M.A. J.D., L.P.C.
Attorney, Mediator, Coach, Counselor/*
/773-442-2751
/
/cMr@xxxxxxxxxxxxx/ <mailto:cMr@xxxxxxxxxxxxx> */www.CPChicago.net/
<http://www.cpchicago.net/>* Executive Director, *Collaborative
Practice Professionals of Illinois* <http://cppillinois.com/>
Publisher, *The World of Collaborative Practice
<http://theworldofcollaborativepractice.com/>*/: A Magazine Promoting
Collaborative Dispute Resolution for the Full Range of
Possibilities./ An international online magazine for professionals
and the general public
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