The Collaborative process does not end when a mediator is brought in. Here in
Michigan, we have included mediators on the team almost from the beginning of
our adoption of Collab many years ago. A mediator can be very helpful in many
ways.
We also make very effective use of one coach for the process itself.
Siri Gottlieb
In a world where you can be anything, be kind.
Sent from my iPhone, please excuse typos and brevity.
Siri Gottlieb, JD, LMSW
1945 Pauline Blvd., Ste. 10
Ann Arbor MI 48103
734-994-4045
www.sirigottlieb.com
On Oct 22, 2019, at 10:33 AM, Bonnie Brown bmb@xxxxxxxxxxxxxxxx [CollabLaw]
<CollabLaw@xxxxxxxxxxxxxxx> wrote:
Rana, as I have understood it, mediation is not collaboration. When a
mediator is brought in, the collaboration has stopped. If the case gets
settled that way, fine for that case, but it is not collaboration.
Mediation has two sides, albeit proceeding more politely than in hard ball
litigation, and remains a tool within the adversarial process and potential
for court processes looming as leverage. Collaboration has one side, with
the whole team pursuing the same goal—family stability and peace--and court
not possible under the Collaborative Agreement.
If the case is very difficult, such as when full-blown personality disorders
are present, the team may need 3 MHPs, one neutral to lead the sessions, and
a coach for each party. Sometimes even the financial neutral is pressured by
the dynamics into morphing into a coach—a manifestation to be avoided, and a
clue more and/or different professionals need to be involved at that point.
I get the impression you have had a negative experience along these lines.
If so, wonder how it worked out.
Best,
Bonnie
BONNIE M. BROWN
ATTORNEY AT LAW
Suite 201, Bailey Office Park
4205 Springhurst Boulevard
Louisville, Kentucky 40241-6160
U.S.A.
+1 502 412-9190 ext. 226 telephone
+1 502 587-0040 direct line
+1 502 412-9196 facsimile
bmb@xxxxxxxxxxxxxxxx
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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