Adam and Louise provided excellent replies.This article on Collaborative team
models may also be
helpful.http://www.yoursocialworker.com/s-articles/collaborative_team_models.htm
Gary Direnfeld
-------- Original message --------From: "Adam Cordover adam@xxxxxxxxxxxxxxx
[CollabLaw]" <CollabLaw@xxxxxxxxxxxxxxx> Date: 2019-10-22 10:11 a.m.
(GMT-05:00) To: CollabLaw@xxxxxxxxxxxxxxx Subject: Re: [CollabLaw] MHPs
Hi, Rena, great questions! Maybe it is best to start off with the IACP
definition of Collaborative Practice: “Collaborative Practice is a voluntary
dispute resolution process in which clients resolve disputes without resort to
any process in which a third party makes a decision that legally binds a
client. In Collaborative Practice:1. The clients sign a Participation Agreement
describing the nature and scope of the matter that is consistent with the IACP
Ethical Standards;2. The clients voluntarily disclose all information which is
relevant and material to the matters to be resolved;3. The clients agree to use
good faith efforts in their negotiations to reach a mutually acceptable
resolution;4.. Each client must be represented by a Collaborative Lawyer whose
representation terminates upon the undertaking of any Proceeding as defined in
the IACP Ethical Standards;5. The clients may engage mental health and
financial professionals whose engagement terminates upon the undertaking of any
Proceeding; and6. The clients may jointly engage other experts as needed.” See
https://www.collaborativepractice.com/sites/default/files/IACP%20Standards%20and%20Ethics%202018.pdfRon
Ousky, former president of IACP and one of the original collaborative
professionals has distilled this down to what he calls the One Rule: “The
single defining feature of Collaborative Practice is that, based on written
agreement, it involves two (or more) lawyers who must withdraw if the process
is terminated by a client or attorney (or if a spouse initiates contested court
action).” See Ousky, Ron “Developing a Range of Collaborative Models: One Size
Does Not Fit All” in Mosten & Cordover, Building A Successful Collaborative
Family Law Practice (ABA 2018). Different communities have taken these
definitions and developed different “Full Team” models. Here, in Florida, the
main model is what we call the Neutral Facilitator (also known as the One
Coach) Model, where each client has a lawyer, there is a neutral financial
professional, and a neutral facilitator/coach. In other areas, such as in parts
of California and Canada, the two-coach model is more prominent. In this model,
each client has a lawyer, each client has a coach, there is a neutral financial
professional, and, where there are children, there is a child specialist.
Still, in other areas, such as parts of Great Britain and France, they use a
Lawyer-Only Model, where each client has a lawyer. That’s it. Ousky is a
proponent of Flexible Models, where models are created to meet the needs of the
individual family with whom you are working. The lawyers (or other first
contact) work with the family to determine not only which professionals will be
included but also what will be the scope of the work. And, so, it may be that
one of the models discussed above are chosen, or it may be a Collaborative
Mediation model is chosen. Like the scenario you describe, each client has a
lawyer and there is one or more neutral mediator (along with a written
Participation Agreement with a disqualification clause). Different communities
have different standards, and so you may want to consult with your local
practice group. Still, like Ousky, I am a fan of developing the model to meet
the clients’ needs. By the way, for those who are coming to the Forum, Brian
Galbraith, Kevin Scudder, and I are leading a workshop on “Crossroads of
Collaborative Practice and Mediation: Competing or Converging Models?” During
this workshop , we will be discussing a couple of different models of
Collaborative Mediation. I hope this helps!Best regards,AdamSent from my
iPhone---Find Out How Collaborative Family Law Can Help You. Adam B.
CordoverAttorney-at-LawFAMILY DIPLOMACY: A COLLABORATIVE LAW FIRM412 East
Madison Street, Suite 824Tampa, Florida 33602 813.443.0615
(telephone)813.489.4567 (facsimile)adam@xxxxxxxxxxxxxxx
www.FamilyDiplomacy.comOn Oct 22, 2019, at 7:12 AM, Rana Glick
ftccontact@xxxxxxxxxxx [CollabLaw] <CollabLaw@xxxxxxxxxxxxxxx> wrote:
When does/can a non-licensed but qualified mediator replace a qualified
licensed MHP on a collaborative case when a full team is available?
Can attorneys choose to have less than a full team, include a mediator and call
it a collaborative case? Do attorneys call the configuration of a case? What
has happened to the full team approach?
According to IACP guidelines, standards and ethics, one does not replace the
other. Is it accurate to assume full teams are not being used in collaborative
cases and the role of the MHP is being minimized?
Thank you in advance.
Please offer feedback.
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