Hello: Is anyone practicing in Albany, NY area or know a good Collab attorney
who is? I have a mediation where the husband now lives in that area and needs
a consulting attorney.
Thanks, Amy Carron Day
Amy Carron Day, Esq.
Family and Divorce Mediation/Collaborative Law
260 Madison Avenue, 15th Fl.
New York, New York 10016
212.252.0005
212.448.0066 fax
www.daylinnehanlaw.com
On Oct 24, 2019, at 1:55 PM, Tamie Jo Morog tmorog@xxxxxxxxxxxxxxxxxxx
[CollabLaw] <CollabLaw@xxxxxxxxxxxxxxx> wrote:
Thanks for the pin Kevin. It was great to meet you😊
Tamie Jo Morog <http://www.kirtleytaylorlaw.com/contact/tamie-jo-morog>
Harrison & Moberly, LLP
Attorney at Law
Family Law Mediator
Family Law Arbitrator
Collaborative Law Attorney
Harrison & Moberly
www.harrisonmoberly.com <http://www.harrisonmoberly.com/>
114a South Meridian Street
Lebanon, IN 46052
Tmorog@xxxxxxxxxxxxxxxxxxx <mailto:Tmorog@xxxxxxxxxxxxxxxxxxx>
Tmorog@xxxxxxxxx <mailto:Tmorog@xxxxxxxxx>
(W) 317-537-1344
Confidentiality Notice: This message and any attachments contain information
from the law firm Harrison & Moberly, LLP that may be confidential,
privileged, attorney work-product or exempt from disclosure. If you are not
the intended recipient, the dissemination, distribution or copying of this
message is prohibited. If you receive this email in error or are not the
intended recipient, please notify the sender by return email or by telephone
and promptly delete this email and any attachments from your computer.
Receipt by any unintended recipient is not a waiver of any attorney-client,
work-product.
On Oct 24, 2019, at 11:57 AM, Kevin Scudder kevin@xxxxxxxxxxxxxx
<mailto:kevin@xxxxxxxxxxxxxx> [CollabLaw] <CollabLaw@xxxxxxxxxxxxxxx
<mailto:CollabLaw@xxxxxxxxxxxxxxx>> wrote:
AND . . . . . (I cannot believe I did not mention this . . . . . .
:0)>>>>>>>>>>>>>>>>>>>>>>>)!!!
Lori Gephart is another Pennsylvania MHP who has been on the IACP Board for
three years. So you have a lot of resources in your backyard, which likely
is lovely with the fall foliage.
Off to the Forum. You can find me this morning at the Count-Me-In Table.
Come say hello and to trade for one of my Peacemaking: Let It Begin With Me
pins!!
Mention this post and I will throw in a special edition Washington State
Pin!!
Kevin
Kevin R. Scudder
The Law Offices of Kevin R. Scudder
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/ ;
<http://www.ballardcollaborativelaw.com/videos/>
Visit my Website at http://www.ballardcollaborativelaw.com/ ;
<http://www.ballardcollaborativelaw.com/>
Visit my Website at http://www.scudderlaw.net/ ;<http://www.scudderlaw.net/>
A Member of Cypress Collaborative Solutions:
http://cypresscollaborative.com/index ;<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 <mailto:CollabLaw@xxxxxxxxxxxxxxx>
<CollabLaw@xxxxxxxxxxxxxxx <mailto:CollabLaw@xxxxxxxxxxxxxxx>> on behalf of
Kevin Scudder kevin@xxxxxxxxxxxxxx <mailto:kevin@xxxxxxxxxxxxxx> [CollabLaw]
<CollabLaw@xxxxxxxxxxxxxxx <mailto:CollabLaw@xxxxxxxxxxxxxxx>>
Sent: Wednesday, October 23, 2019 6:56 AM
To: CollabLaw@xxxxxxxxxxxxxxx <mailto:CollabLaw@xxxxxxxxxxxxxxx>
<CollabLaw@xxxxxxxxxxxxxxx <mailto:CollabLaw@xxxxxxxxxxxxxxx>>
Subject: [CollabLaw] Re: MHPs [1 Attachment]
Hi Rana.
Great questions, Rana, and you have drawn a lot of great answers from around
the country. I see from your profile that you are located in Pennsylvania,
which has an active Collaborative Community and a lot of wonderful
Collaborative Professionals, including two IACP Board Members, Zanita
Zacks-Gabriel and Melissa Sulkowski.
I am located in Seattle, WA, which has a strong Collaborative Community and
I am a strong proponent of and presenting this weekend on a Collaborative
Mediation process that we use in my area. This process simply has all the
components of a Collaborative Case where the Mediator takes the lead rather
than the attorneys and the attorneys do not attend meetings unless needed.
As others have espoused, give me two clients, two attorneys, and a signed PA
with a disqualification clause and I have a Collaborative Case. And the
flexibility to meet the clients where they are and help them create a
process that works for them.
That being said, I prefer a full Team model and will not do a Collaborative
Case without a Divorce Coach trained as set out in the attached IACP
Standards and Ethics, a document that I think every Collaborative
Professional should have on their computer and at their fingertips.
As to your questions:
When does/can a non-licensed but qualified mediator replace a qualified
licensed MHP on a collaborative case when a full team is available?
In my experience, never. I have done a lot of Collaborative Cases and have
never had a Mediator join the Team. I consider the fact that all four
Professionals have at a minimum a 35 hour mediation training under their
belt and likely more that one Mediation training so we bring a lot of skill
in that regard to the table. That gives the clients four different people
to connect with as a "Mediator" to help them over the finish line, a fact
that greatly reduces the need to bring in a separate mediator.
I am not sure what you mean by "non-licensed but qualified".
In theory, I do not think anyone gets "replaced", whether it is the MHP or a
Financial. Rather, the Mediator would simply be ADDED to the Team and would
sign the PA for all the reasons others have suggested.
Can attorneys choose to have less than a full team, include a mediator and
call it a collaborative case?
As long as you have a signed PA, two attorneys, and a disqualification
clause, you have a Collaborative Case. You can do the Case with a Mediator
and without a Coach or Financial or Child Specialist. I hesitate to say
that it is the "attorneys choice", though they guide the clients' choice.
Personally, I would not do so without the involvement of a Coach to confirm
that this approach is a good idea for the clients.
The other thing that comes up for me is this concept of "attorneys choice".
I am curious whether that is happening in your community, that neutrals feel
that attorneys are calling the shots. If so, I note that plenty of cases
that come to me come from MHP's and Financials. I encourage you to be
involved in changing the narrative to "we" determine the makeup of the Team
rather than empowering, or enabling, attorneys to be the only ones who can
do so.
Do attorneys call the configuration of a case?
See previous answer.
Ultimately it is the clients who make the decision of the configuration.
The fact that I will not do a case without a Coach could be seen as me
calling the configuration of the case. At the same time, if I do not like
the configuration because I do not believe that the configuration gives the
clients the best chance at success, I can choose not to be involved.
What has happened to the full team approach?
It is alive and well!!
According to IACP guidelines, standards and ethics, one does not replace the
other.
Absolutely correct.
Is it accurate to assume full teams are not being used in collaborative
cases and the role of the MHP is being minimized?
Absolutely INcorrect!!! At least in our community.
Collaborative Practice is a work in progress around the world. These types
of discussions are important so we can recognize that different communities
do things differently and noting the differences, we can get energy to
change, for the better, what is happening in our backyards . . . . . .
Rana, I think any of us would be happy to do a Zoom video chat to talk about
this more, to dig deep in to what is happening in your community, and to
keep learning together.
OPO (one person's opinion).
Happy Wednesday, Everyone!
The doors to this year's fabulous Forum (PFI's) opens in about 24 hours!!
This year in Chicago. Next year in Toronto!!
Kevin
Kevin R. Scudder
The Law Offices of Kevin R. Scudder
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/ ;
<http://www.ballardcollaborativelaw.com/videos/>
Visit my Website at http://www.ballardcollaborativelaw.com/ ;
<http://www.ballardcollaborativelaw.com/>
Visit my Website at http://www.scudderlaw.net/ ;<http://www.scudderlaw.net/>
A Member of Cypress Collaborative Solutions:
http://cypresscollaborative.com/index ;<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 <mailto:CollabLaw@xxxxxxxxxxxxxxx>
<CollabLaw@xxxxxxxxxxxxxxx <mailto:CollabLaw@xxxxxxxxxxxxxxx>> on behalf of
Rana Glick ftccontact@xxxxxxxxxxx <mailto:ftccontact@xxxxxxxxxxx>
[CollabLaw] <CollabLaw@xxxxxxxxxxxxxxx <mailto:CollabLaw@xxxxxxxxxxxxxxx>>
Sent: Tuesday, October 22, 2019 4:12 AM
To: CollabLaw@xxxxxxxxxxxxxxx <mailto:CollabLaw@xxxxxxxxxxxxxxx>
<CollabLaw@xxxxxxxxxxxxxxx <mailto:CollabLaw@xxxxxxxxxxxxxxx>>
Subject: [CollabLaw] MHPs
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.
Get Outlook for Android <https://aka.ms/ghei36>