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:
http://cypresscollaborative.com/index
This transmission contains confidential information which is legally
privileged. It is sent under authority of the Uniform Electronic Transactions
Act, 12A O.S. 15‑101 et seq. and any relevant United States, State or
International laws or treaties. The information is intended only for the use of
the individual or entity stated on this form. No confidentiality or privilege
is waived or lost by any mistransmission. If you are not the intended
recipient, you are hereby notified that any disclosure, copying, distribution,
or the taking of any action in reliance on the contents of this transmission is
strictly prohibited. If you receive this message in error, please immediately
delete it and all copies of it from your system, destroy any hard copies of it
and notify the sender. You must not, directly or indirectly, use, disclose,
distribute, print, or copy any part of this message 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<http://www.nhpa.com/>
www.CollaborativeRelationship.com<http://www.collaborativerelationship.com/>
Considering Divorce? Consider Collaborative
Divorce<../../../../OneDrive%20-%20North%20Hills%20Psychological%20Associates,%20Inc/Documents/Collaborative/Handouts/Collaborative%20Practice%20Brochure.pdf>
- Families don’t belong in court.
Collaborative Divorce Knowledge
Kit<file://nhpamain2015/networkshare/Forms/Collaborative%20&%20Coaching%20Forms/Collaborative%20Divorce%20Knowledge%20Kit.pdf>
What is
Collaborative?<file://nhpamain2015/networkshare/Forms/Collaborative%20&%20Coaching%20Forms/What%20is%20Collaborative.pdf>
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.
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<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
[Image removed by sender.]
On Thu, Mar 28, 2019 at 9:25 PM Lori Gephart
lgephart@xxxxxxxx<mailto:lgephart@xxxxxxxx> [CollabLaw]
<CollabLaw@xxxxxxxxxxxxxxx<mailto: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<tel:724.759.7514>
www.NHPA.com<http://www.nhpa.com/>
www.CollaborativeRelationship.com<http://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<mailto:bbatley@xxxxxxxxxxxxxxxx> [CollabLaw]
<CollabLaw@xxxxxxxxxxxxxxx<mailto: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<http://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.
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
On Thu, Mar 28, 2019 at 9:25 PM Lori Gephart
lgephart@xxxxxxxxx<mailto:lgephart@xxxxxxxx> [CollabLaw]
<CollabLaw@xxxxxxxxxxxxxxx<mailto: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<tel:724.759.7514>
www.NHPA.com<http://www.nhpa.com/>
www.CollaborativeRelationship.com<http://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<mailto:bbatley@xxxxxxxxxxxxxxxx> [CollabLaw]
<CollabLaw@xxxxxxxxxxxxxxx<mailto: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<http://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.
Attachment:
binRfzG8B03vm.bin
Description: ~WRD000.jpg
Attachment:
binHXQkoPxTUc.bin
Description: image001.jpg
Attachment:
binNbrapJ3RVp.bin
Description: image002.jpg
Attachment:
binPm0wKCaD6d.bin
Description: image003.jpg
