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/
Visit my Website at http://www.ballardcollaborativelaw.com/
Visit my Website at http://www.scudderlaw.net/
A Member of Cypress Collaborative Solutions:
http://cypresscollaborative.com/index
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________________________________
From: CollabLaw@xxxxxxxxxxxxxxx <CollabLaw@xxxxxxxxxxxxxxx> on behalf of Rana
Glick ftccontact@xxxxxxxxxxx [CollabLaw] <CollabLaw@xxxxxxxxxxxxxxx>
Sent: Tuesday, October 22, 2019 4:12 AM
To: CollabLaw@xxxxxxxxxxxxxxx <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.
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Attachment:
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Description: IACP Standards and Ethics 2018.pdf
