I ‘discovered’ Collaborative Practice in 1999.  Of course it was only ‘new’ to me.  Stu Webb had started the ball rolling in the late 1980s. Most of what appealed to me about it was that it offered a way to work with people that did NOT involve the courts.  Instead it focused solely on helping them to reach decisions they could both live with.  Whether or not one of them was ‘right’ was irrelevant.  What some third party – a judge or a legislature – thought did not have to determine the outcome for them. To me this was huge.  It was a large part of what Stu and others were calling the Paradigm...

What do we think about as practitioners when we consider adding or maintaining a collaborative component to our overall law practice? Certainly there are the basic considerations of marketing and cost-effectiveness that make any practice component financially justifiable and for many, the analysis may end there. Beyond that, however, there is the lure of creating alternatives that support and empower a client through a difficult time. I’m writing here of a collaborative practice that permits the practitioner to reach deep into one’s self to access curiosity, generosity and empathy in order to create solutions that satisfy not only the...

It was 2010 and a few of us who had just ‘retired’ from the Editorial Board of IACP’s Collaborative Review were debriefing and talking about what we might do next to support the growth of Collaborative Practice.  Talk led to ideas and more talk and before we knew it, Gloria and I were in agreement that an online magazine could be a valuable complement to The Review. We saw it – as available to anyone to read; as being appealing to the general public as well as the Collaborative community; as publishing pieces that were the entire range from blog posts to serious academia; as providing a venue for a broad range of...

Spouses choose to utilize the collaborative process to resolve divorce-related issues for many reasons, but one of the most common reasons is the need to co-parent once the divorce is finalized.  Unlike the tradition courtroom divorce process, which treats mothers and fathers as adversaries, collaborative divorce treats parents as a team who want to reach an agreement that keeps their children’s needs at the forefront. I recently had the opportunity to appear on iHeart Radio’s Tampa Bay Tomorrow with “Clair.”  Clair is a father who went through the collaborative divorce process, and I represented Clair’s wife.  Clair’s collaborative...

See Kevin’s review of Mr. Shaub’s book here.   Joe, you are not new to me, and you are well known in the Seattle area, but for those who may not know you please tell us a little about yourself.   JOE:  Kevin, first of all, thank you for doing this.  I love these questions!   I got my education and training down in California, getting my JD from the University of Southern California in ’74 and my Masters in Marriage and Family Therapy at California Family Study Center in ’91.   On a great road trip after my first year in law school, my buddy, Steven Faulstich and I rolled into Washington in my VW Bus and I fell head...

  When I joined my firm three years ago, the managing attorney, Adam B. Cordover, preferred and advocated for out-of-court dispute resolution, including collaborative practice. We still had many litigated cases. Not every client, spouse, and other attorney is willing to agree to a more peacemaking approach, especially when they don’t know much about it.  But we had faith that we were on to something, and that if given the opportunity and knowledge, more people would choose collaborative law. In 2015, we changed our name to Family Diplomacy: A Collaborative Law Firm, and began practicing exclusively in out-of-court dispute resolution,...

The process of divorce can be problematic for any couple, but it is particularly difficult for couples whose psychological well-being is threatened by the ending of the relationship. Many high-conflict couples find that when they have exhausted options in making their relationship work, their core anxieties are exacerbated by a divorce process that generally approaches separation in a zero-sum manner. This paper is describes who these couples are and explores why divorce is so threatening to their psychologies. An additional purpose is to propose an approach that facilitates an amicable separation. Such an approach involves a collaborative...

Archetypes at the Negotiating Table By Theresa Beran Kulat First articulated by the great philosopher, Plato, then more fully revealed by modern psychoanalyst Carl Jung, archetypes hold keys to unlocking the mysteries of a person’s life and can provide insights that assist negotiations at the collaborative table. After a very brief introduction to the world of archetypes, this article describes a methodology for using the language of archetypes to increase one’s self-awareness which can improve satisfaction with one’s personal and professional life. Then it offers a context, using awareness of archetypes, to improve effectiveness during the...

When going through a divorce, there are unlimited resources to support you, such as legal, financial and emotional, but there is one HUGE piece of the puzzle that is not being addressed. This missing piece is essential and considered a foundational life skill when dealing with a stressful and emotional situation, especially a divorce. Let me explain… As a Divorce Mentor for over ten years, I have heard many reasons why couples want a divorce, such as not feeling heard, understood, appreciated, respected and/or just not compatible. As one client said, “We just can’t seem to get along. We don’t enjoy or want the same things in life.” Combine...

In my jurisdiction of Florida, in order to become certified as a Family Law Mediator, you must observe a certain amount of mediations. This structure helps newly trained mediators become more comfortable in their role and also helps with quality control. We can learn from the successes of mediation, but one of the largest challenges that my collaborative community has faced is the unwillingness of clients and many professionals to permit “observers” or “shadows” on their cases. As a relatively young yet rapidly growing collaborative community, offering newly-trained practitioners the opportunity to see a collaborative case has become...

A Walk to the Courthouse for a Collaborative Lawyer By Gail B. Nunn Today as I walked from my office four blocks to the county courthouse, I thought about how my seemingly simple walk was a lot like getting divorced. It also brought to mind the pieces of the collaborative team and process and how the collaborative experience can make the walk to the courthouse safer and saner. First I took an elevator ride down 12 floors. When you first realize or decide your marriage is over it can feel like the floor fell away and that you descended to the depths of despair. You may hit bottom and not know what lies ahead. It’s a good idea to get some...