Re: [CollabLaw] Ideas for Advanced Symposium Training in NM

From: Stu Webb <StuWbb@xxxxxxx>
To: CollabLaw@xxxxxxxxxxxxxxx
Date: Fri, 29 Mar 2019 20:51:02 +0000 (UTC)

I didn't get anything in the Attachments!!

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From: Kevin Scudder kevin@xxxxxxxxxxxxxx [CollabLaw] <CollabLaw@xxxxxxxxxxxxxxx>
To: CollabLaw@xxxxxxxxxxxxxxx <CollabLaw@xxxxxxxxxxxxxxx>
Sent: Fri, Mar 29, 2019 2:32 pm
Subject: RE: [CollabLaw] Ideas for Advanced Symposium Training in NM




Great cautionary tale, Jim, and a great lesson learned.    Thanks for sharing.
Kevin       Kevin R. Scudder    The Law Offices of Kevin R. Scudder Salal
Credit Union Headquarters 9706 4th Avenue N.E., Suite 320 Seattle, WA
98115-2157    Phone:          (206) 524-7828 Facsimile:     (206) 524-1302
Please review my video at:    http://www.ballardcollaborativelaw.com/videos/    ;
Visit my Website at http://www.ballardcollaborativelaw.com/    Visit my Website ;
at http://www.scudderlaw.net/    A Member of Cypress Collaborative Solutions:
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if you are not the intended recipient.    From: CollabLaw@xxxxxxxxxxxxxxx
<CollabLaw@xxxxxxxxxxxxxxx>
Sent: Friday, March 29, 2019 11:04 AM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: RE: [CollabLaw] Ideas for Advanced Symposium Training in NM       I
want to give a high-five to Loretta and offer a cautionary tale.   About a year
ago, a very trusted colleague and I realized that a potential case was not
appropriate for the Collaborative process.  We decided, based on our strong
relationship and absolute trust for each other, to do a “small c” case as the
issues seems very amenable to attorney negotiation. Well…… the couple’s dynamic
was much worse that either of us anticipated and it’s been an agonizing,
expensive slog.  At this very moment, we are haggling over minute details of a
final Judgment because both spouses are so tremendously suspicious of each
other’s intentions (and so trying to build defenses vs. future expected
“attacks” by the other).   For many months, I’ve felt handcuffed to this case,
wanting to withdraw but fearing that things will only get worse for this family
(and their 2 young kids) if I withdrew.  It’s the worst possibility: we have no
real collaboration from the clients, we don’t feel free to take the matter to
court (which from day 1, I’ve been clear I won’t do) and each lawyer is forced
to “advocate” in a more positional way than we prefer.  And, it’s almost
certainly had an adverse impact on my relationship with my very respected
colleague.  All this could have been avoided if we’d stuck the simple
Collaborative protocol.   There’s a lot of wisdom and protection in a simple DQ
provision.  I’ll NEVER do another case without one.   Jim O'Connor Mediator &
Collaborative Attorney 3939 N.E. Hancock St., Suite 309 Portland, OR 97212
503-473-8242 www.SolveYourConflict.com     From: CollabLaw@xxxxxxxxxxxxxxx
<CollabLaw@xxxxxxxxxxxxxxx>
Sent: Friday, March 29, 2019 10:16 AM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: RE: [CollabLaw] Ideas for Advanced Symposium Training in NM     Thank
you Carl Michael,   As I see it the hesitancy to sign the Participation
Agreement which includes the disqualification requirement often comes out of a
combination of fear and misunderstanding the power of the disqualification
clause. There may be a fear on the part of the professionals that their role in
the divorce may be diminished by losing the client if the collaborative process
is terminated. This fear is often increased by the scarcity fear – that there
aren’t enough collaborative cases, or perhaps work in general, so the
professional doesn’t want to risk losing the case if the client goes to court.
Another potential fear is for reputation – how would it impact the
statistics/success rate (even if it is only internal) of the professional if
the clients go to court and the case is lost to the professional.   What I
believe is missing by folks who want to call it little c is the understanding
of the brilliance of the disqualification clause in the motivation that it
offers for everyone in the room, clients and professionals, to work toward
resolution. This increases the trust among everyone at the table and allows for
the deep and often transformational collaborative work to be done at that safe
table which is not possible without the protections of the Participation
Agreement.    Without the disqualification clause there is no collaborative
case, no matter what size “c” it is called. There is a great disservice done to
the public’s understanding of the Collaborative Process when  work is done
without the requirements of the Participation Agreement and still called
“Collaborative”.   Lori Loretta A. Gephart, M.A.
President / Licensed Psychologist /Collaborative Coach/ Speaker / Trainer
North Hills Psychological Associates, Inc.
Direct 724.759.7514  Main 724.759.7500
www.NHPA.com
www.CollaborativeRelationship.com Considering Divorce? ConsiderCollaborative
Divorce - Families don’t belong in court.
Collaborative Divorce Knowledge Kit What is Collaborative?

DISCLAIMER: The information transmitted here is intended only for the addressee
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for any loss or damage arising in any way in the event that such a virus or
defect exists.   From: CollabLaw@xxxxxxxxxxxxxxx <CollabLaw@xxxxxxxxxxxxxxx>
Sent: Friday, March 29, 2019 12:28 PM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: Re: [CollabLaw] Ideas for Advanced Symposium Training in NM
| Lori,  and anyone else with thoughts/experience on this....   As you have
said, this is not at all an uncommon experience.  So I hope that you would feel
comfortable NOT taking this topic off line.   I run the listServe in order to
have just this kind of discussion take place where it can benefit all.     As
an aside,  ICYMI,  There is an upcoming webinar Master Class with Stu Webb,
Kevin Scudder & Melissa Sulkowski on An Exploration of the Evolution, Power &
Potential of the Paradigm Shift
https://www.collaborativepractice.com/event/stu-webb-masterclass-exploration-evolution-power-potential-paradigm-shift%C2%A0

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
www.CPChicago.net Executive Director,Collaborative Practice Professionals of
Illinois Publisher,The World of Collaborative Practice: A Magazine Promoting
Collaborative Dispute Resolution for the Full Range of Possibilities.  An
international online magazine for professionals and the general public      On
Thu, Mar 28, 2019 at 9:25 PM Lori Gephartlgephart@xxxxxxxx [CollabLaw]
<CollabLaw@xxxxxxxxxxxxxxx> wrote:
  Hi Bobbie, as co-chair of the IACP Practice Group Development Committee I
would be happy to talk with you regarding this. Please feel free to contact me.
This is unfortunately a fairly common practice group issue. I look forward to
hearing from you.  Lori

Loretta A. Gephart, M.A.
President/Licensed Psychologist
Collaborative Divorce Coach Collaborative Marriage Coach North Hills
Psychological Associates, Inc.
724.759.7514
www.NHPA.com www.CollaborativeRelationship.com
Considering divorce? Consider Collaborative Divorce. Families don't belong in
court.
On Mar 28, 2019, at 6:31 PM, Bobbie Batley bbatley@xxxxxxxxxxxxxxxx [CollabLaw]
<CollabLaw@xxxxxxxxxxxxxxx> wrote:
  Hi all –    The NM Collaborative Practice Group is planning a fall 2019
Symposium.  Our community has been struggling with something that keeps
bubbling up.  Over the last 5 years give or take, there has been a development
of practitioners in our community that do not feel the need for signing a
Collaborative Agreement with a disqualification requirement.  Please don’t
shoot the messenger – I am “old school”.  The folks doing this are calling it
“little C” and have only recently begun to see issues with this.  We are
looking for insight from other communities that may have struggled with this
AND we are looking for some speakers on this topic.    Any help from this group
would be sooo appreciated!   Very truly,   Bobbie Batley   <image001.png>   T
505.246.0500 | F 505.246.9953 316 Osuna Rd NE, Suite 301 Albuquerque, NM 87107
www.lgtfamilylaw.com <image002.png>      <image003.png>      <image004..png>
<image006.jpg>
DISCLAIMER: The information transmitted here is intended only for the addressee
and may contain confidential and/or proprietary information. Any interception,
re-transmission, dissemination, or other use of, or taking of any action upon
this information by persons other than the intended recipient is prohibited by
law and may subject them to criminal or civil liability. If you receive this
communication in error, please contact the sender immediately and delete the
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any virus or other defect that might negatively affect any computer system into
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defect exists.
|

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
www.CPChicago.net Executive Director,Collaborative Practice Professionals of
Illinois Publisher,The World of Collaborative Practice: A Magazine Promoting
Collaborative Dispute Resolution for the Full Range of Possibilities.  An
international online magazine for professionals and the general public     On
Thu, Mar 28, 2019 at 9:25 PM Lori Gephartlgephart@xxxxxxxxx [CollabLaw]
<CollabLaw@xxxxxxxxxxxxxxx> wrote:
   Hi Bobbie, as co-chair of the IACP Practice Group Development Committee I
would be happy to talk with you regarding this. Please feel free to contact me.
This is unfortunately a fairly common practice group issue. I look forward to
hearing from you.  Lori

Loretta A. Gephart, M.A.
President/Licensed Psychologist
Collaborative Divorce Coach  Collaborative Marriage Coach North Hills
Psychological Associates, Inc.
724.759.7514
www.NHPA.com www.CollaborativeRelationship.com
Considering divorce? Consider Collaborative Divorce. Families don't belong in
court.
On Mar 28, 2019, at 6:31 PM, Bobbie Batley bbatley@xxxxxxxxxxxxxxxx [CollabLaw]
<CollabLaw@xxxxxxxxxxxxxxx> wrote:
   Hi all –    The NM Collaborative Practice Group is planning a fall 2019
Symposium.  Our community has been struggling with something that keeps
bubbling up.  Over the last 5 years give or take, there has been a development
of practitioners in our community that do not feel the need for signing a
Collaborative Agreement with a disqualification requirement.  Please don’t
shoot the messenger – I am “old school”.  The folks doing this are calling it
“little C” and have only recently begun to see issues with this.  We are
looking for insight from other communities that may have struggled with this
AND we are looking for some speakers on this topic.    Any help from this group
would be sooo appreciated!   Very truly,   Bobbie Batley   <image001.png>   T
505.246.0500 | F 505.246.9953 316 Osuna Rd NE, Suite 301 Albuquerque, NM 87107
www.lgtfamilylaw.com <image002.png>      <image003.png>      <image004.png>
<image006.jpg>
DISCLAIMER: The information transmitted here is intended only for the addressee
and may contain confidential and/or proprietary information. Any interception,
re-transmission, dissemination, or other use of, or taking of any action upon
this information by persons other than the intended recipient is prohibited by
law and may subject them to criminal or civil liability. If you receive this
communication in error, please contact the sender immediately and delete the
message. Although this e-mail and any attachments are believed to be free of
any virus or other defect that might negatively affect any computer system into
which it is received and opened, it is the responsibility of the recipient to
ensure that it is virus free and no responsibility is accepted by the sender
for any loss or damage arising in any way in the event that such a virus or
defect exists.
DISCLAIMER: The information transmitted here is intended only for the addressee
and may contain confidential and/or proprietary information. Any interception,
re-transmission, dissemination, or other use of, or taking of any action upon
this information by persons other than the intended recipient is prohibited by
law and may subject them to criminal or civil liability. If you receive this
communication in error, please contact the sender immediately and delete the
message. Although this e-mail and any attachments are believed to be free of
any virus or other defect that might negatively affect any computer system into
which it is received and opened, it is the responsibility of the recipient to
ensure that it is virus free and no responsibility is accepted by the sender
for any loss or damage arising in any way in the event that such a virus or
defect exists.

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Re: [CollabLaw] Ideas for Advanced Symposium Training in NM

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