Once the clients have used my conflict resolution services “my job as a preventive lawyer is just beginning.”  – Woody Mosten This attitude that our work is not ‘done’ simply because the clients are now divorced, or because the parties have reached an agreement, is a key part of the Paradigm Shift involved in Collaborative Practice.  Having seen this connection in Woody’s chapter for the upcoming ABA book Reinventing the Practice of Law, I thought I would ask him to expand upon it.  Here’s our chat. We’d love to continue this theme with the benefit of your comments! Click here to check out the...

Understanding a Child’s Resistance to Visitation   With the increase in claims of parental alienation in custody disputes, family lawyers must understand the fine distinctions between true parental alienation and other forms of visitation refusal. Otherwise, you may claim parental alienation on a case or end up defending against it without fully understanding other options. To avoid barking up the wrong tree, it is imperative to understand the difference between full blown parental alienation, alignment, estrangement, enmeshment, alienating behaviors without resistance and normal developmental visitation refusal. Parental alienation is a...

“Divorce is one of the most financially traumatic things you can go through. Money spent on getting mad or getting even is money wasted.” – Richard Wagner          The collaborative process uses a team based approach to help you and your spouse come to a mutually acceptable agreement, stay out of the courtroom, and move forward with your lives.  You may decide, in consultation with your attorneys, to use a financial neutral within the collaborative process to help you reach agreement about the financial issues. Just how can the financial neutral help you?   Financial Mistrust The financial neutral can help address issues of...

Families experience stress and conflict in preparing for and sorting out the transfer of assets when one member passes away.  There are legal influences, financial considerations and emotional elements.  Just as there are in divorce.   Can they benefit from the principles an application of Collaborative Practice? In September, 2012, a group of professionals, sponsored by Collaborative Practice Silicon Valley,  offered a training tailored to using CP in Trusts and Estates matters.  I had a chance to speak with two of the attendees to get their thoughts on this cutting edge expansion of CP.  Their excitement is pretty contagious, check it out...

There is an expectation to be transparent, honest, and candid during the collaborative process. It is also an opportunity, due to the safe and secure environment that is created,  to ‘drop bombs’ that might not ordinarily be communicated by the clients one-on-one. In this manner, the safety of the team can become a double edged sword as it can lead to sudden disclosures that rattle the structure and foundation of the process and challenge the team. Using real life situations, the Back from the Brink Workshop will explore the form and content of sudden disclosures and the strategies that can be employed by the collaborative team...