Keeping in mind that Chip's comments, here are some general reasons we (in our
Medicine Hat Practice Group) have identified when parents fail to reach a full
agreement in Collaboration:
- Lawyers do not spend enough time educating their clients about Collaboration
- Clients and lawyers fail to follow the Expectations of Clients and Lawyers
(some simple ground rules we attach to our Participation Contract) in
conversations with each other in Collaborative meetings
- Clients fail to follow those same Expectations in conversations with each
other outside of Collaborative meetings.
- Clients failng to do tasks they agreed to do in meetings.
- Clients failing to follow through with temporary agreements they made in
meetings.
- Clients taking unilateral actions during Collaboration.
Some of these are directly related to the clients not having coaches or
mental health professionals assisting them in communication etc. (which is
something someone else mentioned).
I have had maybe two successful Collaborations where parents reconciled, and
two or three where they did some interim work together and then reconciled.
I have been doing Collaboration since 2000 and I would guess have had
approximately 100 Collaborative cases (although that is a guess).
One of the most difficult "failures" I had turned out not to be a failure at
all. It was a case where we had 10 or 12 meetings and had lots of the problems
listed above -- unilateral actions, not following through with tasks or
agreements, ineffective communication etc. -- they withdrew from Collaboration,
hired new counsel and shortly thereafter reached a lawyer assisted negotiated
agreement much similar to what we had been discussing in Collaboration. They
used all of the information we had gathered in Collaboration. They still
stayed out of Court. So I consider that one a success!
RC Price <rcprice@xxxxxxxxx> wrote:
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)
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