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Collaborative Practice Articles


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Best Practice Guide on the Use of Mediation in Cross-Border Disputes (2/21/14)
Jamie Walker, Zeno Daniel Sustac

Sometimes, the act of justice leaves one or more parties being unsatisfied with a judicial decision and generates a resolution based on the “loser-winner” paradigm. The consequence is often, in addition to the preservation of their conflicted status, the prolonging of the expensive and stressful judicial dispute. Mediation, as an alternative method of conflict resolution, starts with the principle of seeking to most capably satisfy the parties’ interests with a sustainable agreement based on free will. This approach, in the context of globalization, confers mediation with the quality of being an effective cross-border and cross-cultural method of conflict resolution. This article is an excerpt of a thesis analyzing the benefits and unforeseen consequences of mediation in cross-border disputes. This article focuses on the importance of training mediators on cross-border disputes.



Dick Price
Is Collaborative Law a Good Fit for You? (1/11/14)
Dick Price

Adryenn Cantor, a San Diego, CA attorney included an excellent list of five questions for people to ask themselves to determine if they are a good candidate for using Collaborative Law in a divorce case.



Oran Kaufman
Mediation and CollabLaw (12/13/13)
Oran Kaufman

What is the difference between mediation and collaborative law? Couples going through divorce today fortunately have many more options available to them to finalize their divorce. Choosing the right approach involves knowing and understanding the differences between approaches.



Ralph Kilmann
Modifying the Underlying Dimensions of the TKI Conflict Model (12/02/13)
Ralph Kilmann

Since the early 1970s, two dimensions have been used to plot the five conflict modes: Assertiveness and Cooperativeness (my attempts to satisfy my own needs versus my attempts to satisfy the other person's needs, respectively). Occasionally, these two dimensions were modified to Person A and Person B, as just another way of focusing on the needs and concerns of two people engaged in an interpersonal conflict.



Joe Markowitz
Crisis in the Courts: Making a Virtue out of a Necessity (10/25/13)
Joe Markowitz

Crisis grips the California court system. In Los Angeles County, budget cutbacks have forced the courts to do away with court reporters, reduce clerical staff, close 10 courthouses, and assign personal injury cases to a master trial calendar system. At a time when ADR might be considered one of the solutions for relieving the increased burdens on the civil trial courts that these changes will impose, the Superior Court in Los Angeles instead took the surprising step of closing its entire court-connected ADR program.



Rosalind Sedacca
Divorcing Parents: Avoid Bringing Your Battles to Court (10/15/13)
Rosalind Sedacca

You're getting divorced and you're angry, resentful, hurt, vindictive or any combination of other painful emotions. Hiring the most aggressive litigious divorce lawyer you can find seems like your smartest choice. If you're a divorcing parent who is thinking along those lines, you're making a choice you may long regret.



Ken Johnson
A Collaborative Justice Approach to Bad Behavior in Tennessee Schools (8/13/13)
Ken Johnson

School violence has taken center stage in American debates as of late. The problem is that alternative solutions have proven to be impractical and costly. Other proposed solutions, based off mostly off of myths, actually may do more harm than good. In light of a federal investigation into Tennessee's juvenile justice practices, options are explored as to how one might make Tennessee's broken system better. A proposed solution is to use Collaborative Justice practices that merge traditional ADR with Restorative Justice techniques to make one unified practice. These proposed solutions have been well researched in used in school districts all over the world as well as the United State with greater than expected results.



Rachel Virk
Why is it Beneficial to Collaborate? (7/07/13)
Rachel Virk

Litigation is an old-fashioned way to resolve disputes. Nowhere is this more evident than in the family law arena. Attorneys are increasingly developing and turning to nonlitigated forms of dispute resolution. Not only are there now choices between litigation, negotiation, collaboration and mediation, but all four of these basic methods can be further divided into even more refined processes, models and approaches.



Dick Price
3 Fallacies over Lunch (7/07/13)
Dick Price

At lunch today, a very good friend and I started talking about Collaborative Law. I have known him over 30 years and we often talk about law, divorce (he's had two) and what I do as a lawyer. We have discussed Collaborative Law a number of times. I learned today that I need to be a little clearer with others when I talk about how the process works. I was shocked to hear statement after statement of misunderstandings from him.



Dennis Huizing
ADR Theory: Intractability in Relation to the Ripeness Theory (6/28/13)
Dennis Huizing

Intractability is a somewhat difficult term to expain. It refers to a conflict that has stalled. Parties have no grip or traction on the conflict and the conflict is most likely spiraling out of control. Intractable conflicts are characterized by being complex and having far-reaching consequences. Most likely, intractable conflicts are conflicts that have escalated a fair bit.



Joe Markowitz
Collaboration (4/12/13)
Joe Markowitz

There was talk around the ABA Dispute Resolution Conference this week that the demand for mediation services may be declining. If that's true, does that mean that mediation is falling out of favor, just as arbitration has somewhat fallen out of favor? Or is it a reflection of the economy and the decline in demand for dispute resolution services in general?



Neil Denny
Collaborative Law & the Get Artisan Movement with Neil Denny (4/02/13)
Neil Denny

In this episode of the Conflict Specialists Show with Dave Hilton, Dave interviews Neil Denny from Bath, England about collaborative law, teaching people to engage in conflict, "Conversational Riffs" and other books by Neil, and the "Get Artisan™ Movement."



Dick Price
How Does Collaborative Law Work? (12/21/12)
Dick Price

This is the third in a series of stories about how Collaborative Law actually works in a divorce case. These cases are not real cases. The facts and stories are expanded and modified from real issues faced by families going through a Collaborative divorce.



Tammy Lenski
Turning Conflict into Collaboration (11/30/12)
Tammy Lenski

I’m addressing a group of municipal leaders and employees about turning conflict into collaboration. Here are a few of the ideas I’m going to share with them.



F. Peter Phillips
When Interests Change at the Negotiating Table (11/11/12)
F. Peter Phillips

Neither negotiation pundits nor political commentators seem very quick to pick up on an obvious fact of life: That, as negotiations continue, the underlying objective of the parties may change, and their interest may morph.



Clare Fowler
Rising Tides Raise All Boats (11/05/12)
Clare Fowler

We are lucky as mediators to work in a field where supporting others in the field also serves to benefit the individual. In this win/win environment, let's take a moment to celebrate each other's successes.



Samuel Gladding
Family Therapy: Universal and Unique Approaches - Video (9/25/12)
Samuel Gladding

Through a series of entertaining, brief, and instructional role plays, Dr. Gladding reviews several universals of family treatment approaches, such as types of communication patterns, rules, and feedback. This role play shows an example of a mediator listening to families discuss their day, and giving honest feedback about how statements have affected them.



Dick Price
Why You Shouldn't Negotiate with Your Spouse (8/27/12)
Dick Price

As a Collaborative case progresses, one or both of the parties often want to "save time" or "save money" by negotiating directly with their spouse, outside of the joint Collaborative meetings. That's usually a bad idea from my experience.



Gary Direnfeld
Collaborative Divorce (8/06/12)
Gary Direnfeld

This article explains some of the specifics of the collaborative process for divorcing couples. It discusses who will be involved and who is subject to the collaborative policies.



Collaborative Helping
Collaborative Family Helping - Video (7/25/12)
Collaborative Helping

This video introduces Collaborative Helping, an integrated practice framework that draws from cutting edge ideas and practices in family therapy, community/organizational development, and post-modern thinking while applying them in a concrete and accessible fashion.



Colin Rule
Mass Claims in The Netherlands (7/23/12)
Colin Rule

The Dutch ‘Class Action (Financial Settlement) Act [WCAM] came into operation in the Netherlands on 27 July 2005. This post describes the rules of mass claims.



Kathy Goodman
Mediating Between the Mediation Models - Part 1 (7/23/12)
Kathy Goodman

This article discusses the four stories of the mediation process:  Satisfaction, Social Justice, Transformation, and Oppression. It explains the four stories and then compares them.



Sherri Goren Slovin
Negotiation and the Attorney in the Collaborative Process (7/21/12)
Sherri Goren Slovin

As collaborative family law (CFL) matures and moves beyond discussions of paradigm shifts, collaborative protocols and choreography, lawyers grapple with their role in the negotiation of the collaborative case. Too often, lawyers engaged in the collaborative process complain that beneath the veneer of collaboration, they revert to familiar, positional bargaining. What is the advocacy role of the collaborative lawyer? Why should a client choose a lawyer who will engage in collaborative advocacy? What value does the client receive in the collaborative process from the lawyer’s role?



Vivian Scott
Getting Past the Awkward Stage (7/16/12)
Vivian Scott

If you’re trying to build better relationships on the job (paid or volunteer) look for ways to create cross-departmental work groups. Even if there are no work projects to focus on, there are always opportunities to create task forces on building safety, employee morale, or even the holiday committee. Offer up help without looking too eager wherever and whenever you can.



Stephanie West Allen
Want to Understand Power Better? A New Book from Neuroscientist Ian Robertson may help (7/09/12)
Stephanie West Allen

Power and money both act on the brain's reward system, which if over-stimulated for long periods develops appetites that are difficult to satisfy, just as is the case for drug addiction. We call these appetites greed and greedy people are never satisfied. That is the challenge for politicians and regulators.



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