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Collaborative
Practice Articles What's NewCollaborating: The Most Complex and Least Understood Mode (12/05/11) Ralph Kilmann Even though collaboration sounds ideal to most people, because it promises a win-win outcome, it can be used successfully only under the right conditions. There are more conditions that determine whether the collaborating mode will achieve its potential than is the case with any other conflict mode. Collaborative Law: High Energy, Out of the Box Legal Creativity (11/14/11) Michael A. Zeytoonian The largest annual gathering of Collaborative lawyers and professionals just took place in San Francisco from October 27-30, as the International Academy of Collaborative Professionals (IACP) held its 12th annual Forum. As always, this Forum was an amazing event, four days of insightful, profound and transformative thought in the legal profession. Occupy Wall Street Protest: Collaborators in Peace- Not Against It (10/03/11) Jeff Thompson As someone who has been there multiple days, I can attest to the powerful and peaceful nature of basically all the people present at Zucotti Square- the proper name of the "Occupy Wall Street's" location. Why Don’t More People Use Collaborative Law? (9/12/11) Michael A. Zeytoonian Lately some of us lawyers who use Collaborative Law (“CL”) in civil disputes other than divorce cases have been brainstorming about the expanded use of CL in employment, business, probate, construction and other areas of law. In the spirit of transparency that is an important element of CL, we’ve focused on why more people don’t use CL to resolve their business or employment or other civil disputes. Tips for Talking to the Media about Collaborative Practice (8/22/11) Elizabeth Ferris You have been trained in collaborative practice, you know it can benefit clients and their families and you want to educate the public and attract more clients to your practice. Unfortunately, in your community not enough people know about Collaborative Practice and the value it can provide. Even Beers Collaborate (6/27/11) Phyllis Pollack The story of a beer entitled "Collaboration Not Litigation" Creating A Message That Helps You Attract Clients To Your Collaborative Practice (6/27/11) Elizabeth Ferris One of the most important strategies to grow your Collaborative Practice is to master how you communicate the value of your services to potential clients. Creating a core message is the foundation for all marketing and communication activities and is essential to growing your Collaborative Practice. Building Bridges: The Vital Role of Professional Relationships in the Collaborative Law Process (6/27/11) David A. Hoffman, Dawn Ash Collaborative Practice provides practitioners with three important solutions to this “Prisoner’s Dilemma” problem as an example of how to build collaborative bridges. How the Choices You Make Will Impact Your Success in Transforming Your Practice (5/30/11) Elizabeth Ferris One of the biggest challenges for growing a collaborative practice is finding the time to learn new skills, attend meetings and trainings, and implement strategies for building a collaborative practice. ABA's Public Civility Initiative (5/09/11) F. Peter Phillips Business people negotiating a private deal are trained to listen to discover their counter-party’s interests, and to devise beneficial options that accommodate them. Yet listening is something one seldom observes in public legislative debate. Adjusting on the basis of what one hears, practically never. Is There a Magic Bullet for Growing Your Collaborative Practice? (4/25/11) Elizabeth Ferris Is there a magic bullet for growing your practice? Something fast and quick that you can do or buy to help you transform your practice. The Value of a Psychologist Mediator (3/21/11) Ilene Diamond While a retired judge or former trial lawyer-turned-mediator may provide excellent ADR value for large-scale commercial lawsuits, there are many types of disputes in which the client(s) may be better served by a psychologist mediator. This article highlights the unique skills and experience psychologist mediators bring to the mediation table, and provides examples of cases in which a psychologist mediator adds exceptional value. Collaboration Needed To Improve Health Care Delivery System (2/21/11) Holly Hayes According to an American Hospital Association (AHA) News report, Don Berwick, M.D., Administrator of the Centers for Medicare & Medicaid Services, testified on February 10, 2011, at a House Ways and Means Committee hearing on the impact the Patient Protection and Affordable Care Act (PPACA) will have on Medicare. Another Situation Calling For Collaborative Law (2/07/11) Michael A. Zeytoonian Last week, while working essentially in a role of settlement counsel in a business transaction dispute, I came across another situation that highlighted the value of using Collaborative Law (“CL”). Unfortunately, this case was already in litigation, and has already crossed state lines via a change of venue motion which was granted. 10 Things I Hate About Prenuptial Agreements (12/06/10) Laurie Israel Don’t get me wrong – I’m all for prenuptial agreements in second marriages, especially where there are children of the first marriage. But many of the prenuptial agreements I see are for first marriages and are unfair, badly conceived, and very destructive. William Hartgering: Mediation Likeness to Improvisational Theater - Video (10/31/10) William E. Hartgering William Hartgering explains the satisfaction he gets out of mediating and seeing parties change throughout the process. Greg Bourne: Art and Science of Mediation - Video (8/13/10) Greg Bourne Greg Bourne discusses how both art (intuition and experience), as well as science (theory and structure) are part of the mediation process. The Peacemaking Option For Divorce And Dissolution Of Domestic Partnerships: How Family Scientists Support Interest Based Conciliation And What This Means For Separating Couples (7/26/10) Thurman W. Arnold III The family sciences offer an approach for facilitating conciliation of the seemingly conflicting interests and needs of divorcing couples, and those dissolving domestic partnerships, that may be adapted by legal and other professionals to the task of mediation and peacemaking. By understanding the crisis of divorce, family scientists may help educate lawyers, and the clients themselves, to become peacemakers. Joan Kelly: Collaborative Law vs. Mediation - Video (4/19/10) Joan B. Kelly Joan Kelly describes a case she mediated and settled after the parents didn't get anywhere with collaborative law. Chip Rose: Growth of Collaborative Law - Video (4/02/10) Chip Rose Chip Rose provides a comprehensive overview of how the collaborative law field developed and the tension and frustration experienced along the way between the lawyers and non-lawyers who finally came together a few years ago and agreed upon a mission statement. The Psychology Of Mediation, Part I: The Mediator’s Issues Of Self And Identity (1/18/10) Elizabeth Bader The following article is excerpted from Elizabeth Bader’s forthcoming article in the Pepperdine Dispute Resolution Law Journal. The IDR cycle is the cycle of inflation, deflation and realistic resolution that typically occurs in negotiation and mediation. Shaw, Margaret: Working with JAMS - Video (12/29/09) Margaret Shaw Margaret Shaw describes her career move to JAMS and explains the benefits she has received there: great collegiality, professional continuing education, and re-balancing her own professional focus. Saposnek, Don: Transcending Mediation Models - Video (12/29/09) Donald T. Saposnek Don Saposnek describes how the different mediation models seem to blend together for an experienced mediator. Book Review Of Collaborative Divorce Handbook: Helping Families Without Going To Court (9/25/09) Nan Burnett Forrest S. “Woody” Mosten has been a visionary trailblazer for over 30 years. The first time I heard Woody speak was in Denver in the late 1990’s. The topic was Unbundling Legal Services. I remember thinking, boy is he courageous! I contemplated the resistance he would surely face from the rest of legal community. When you get to know Woody, you quickly discover that he is a champion of the ones who have no voice, the client drowning in conflict; a change agent on a very large scale. Pearlstein, Arthur: Directly Supplying ADR Providers for Market's Demand - Video (8/14/09) Arthur Pearlstein Arthur Pearlstein describes how the Werner Institute prepares students to meet the market's demands for dispute resolution.
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