Dick,
In the absence of knowing the scope and purpose of your paper, I offer the
following. We went through a similar desire to collect data 20 years ago as
mediation began to take off and I was struck by the same thought. Never in my
years as an attorney representing clients in traditional divorce litigation,
did anyone ever inquire about how many cases failed. The question has to be
answered by the standard that is being used to measure. I had many mediations
that did not reach resolution by the end of the scheduled negotiation. In one
sense that could be called a failure. On the other hand, if the standard of
measure is were the clients aided in avoiding additional damage to one another,
then the process might be viewed as a definite success.
Data collection is both necessary and important. Julie Macfarlane's work has
been incredibly revealing and important to a developing movement. But there
are also those who seek to marginalize the concept of collaborative client
facilitation and focus on its flaws. In any such data gathering approach,
defining the units for measure by which success or failure are judged, is
everything.
Chip
-----Original Message-----
From: RC Price <rcprice@xxxxxxxxx>
Sent: Jan 19, 2007 2:32 PM
To: CollabLaw@xxxxxxxxxxxxxxx,
collaborativealliedprofessionals@xxxxxxxxxxxxxxx, Don Nix
<donaldn@xxxxxxxxxxx>, Zoe Meigs <zoemeigs@xxxxxxx>, Vaughn Bailey
<vaughnbailey@xxxxxxxxx>, Stephen Brewer <scbrewer@xxxxxxxxxxxxx>, Stephanie
Foster <atty4you42@xxxxxxx>, Sid Shapiro <swshapiro@xxxxxxx>, Sarraine Krause
<aksarraine@xxxxxxx>, Raymond Daniel <raymonddaniel@xxxxxxxxx>, Matthew Riek
<matthew@xxxxxxxxxx>, Martin Kahn <martin@xxxxxxxxxxxxxxxxx>, "Loretta S.
Stone" <lstone1774@xxxxxxx>, Kathryn Laws <lawkat@xxxxxxxxxxxxx>, Karen
Cushman <karcushman2002@xxxxxxxxx>, Jon Michael Franks <jonmfranks@xxxxxxx>,
John White <jpw122647@xxxxxxxxx>, "John C. Ball" <jcball@xxxxxxxxxx>, Jennie
Duke <jennieduke@xxxxxxxxxxx>, Gary Westenhover <gary55w@xxxxxxx>, Dick Price
<rcprice@xxxxxxxxx>, Diane Wanger <dwanger@xxxxxxxxxxxxxxxxxxx>, Carol
Spracklen <cspracklaw@xxxxxxx>, Bill Bowers <bbowers043@xxxxxxx>, Anita Cutrer
<akcutrer@xxxxxxxxxxxx>, Andrew Stasio <andrew.stasio@xxxxxxxxxxxxxxxxx>,
"Alan J. Weast" <ajweast@xxxxxxx>, Lynne Milford <lmilford81@xxxxxxx>, "Elaine
K. Ryan" <attyekryan@xxxxxxx>, "Scott D. Clarke" <divorcefinancial@xxxxxxxxx>
Subject: [CollabLaw] Need Help on Reasons why Collaborative Cases Fail
I am preparing a paper on why Collaborative cases fail and I would
like to hear from everyone who has has one or more cases fail.
a.. If you don't mind and have a little time, please send a brief email
about why you think your case(s) failed, if any did. I don't need names or
confidential information. I would just like to get your brief impression
about what went wrong.
b.. Also, if you would, please let me know about how many CL cases you have
worked on and how many failed.
c.. If any reconciled, please let me know that -- I don't count those as
failures.
Thanks for your help. --Dick
Richard C. Price
Attorney and Counselor at Law
Board Certified in Family Law
by The Texas Board of Legal Specialization
The Price Law Firm
307 West 7th Street, Suite 1905
Fort Worth, TX 76102
817-338-4633
817-335-6060 (Fax)
[Non-text portions of this message have been removed]
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