Like it or not, if there are children of the relationship (regardless of their age), the family still exists after the relationship ends.  The manner in which you end a relationship determines whether your family will be functional or dysfunctional from that day forward. Abraham Lincoln’s Notes for a Law Lecture dated July 1, 1850, provide in pertinent part as follows:  “Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will...

Mediators know all too well that their clients can take positional stances that are hostile and effectively block the creative thinking necessary to reach an equitable settlement.  Positional stances taken by clients and their counsel are a natural result of the brain’s dual wiring for competition and cooperation. These processes are in-born; however, the competitive tendency is slightly stronger than the cooperative one and the parts of the brain used for each are protected in very different ways.  The competitive instinct is well protected between the temporal lobe and cerebral cortex hidden in the fold.  The cooperative tendency depends...

Guest Stacey Langenbahn has stepped out of her comfort zone big time.  She is offering Mediation services in a way that is uncommon on her home turf.  We discuss the elements of Collaborative Practice that contributed to her step.  And along the way, a little bit about the challenges of ‘standing out’.  [For reference, in her area Mediation is rarely if ever available except as a ‘last effort’ just before trial.  Stacey offers it PRE-court.] Today’s Guest:   Stacey Langenbahn Cooleyville, TX   www.divorcemediationtexas.com  (Would you like to join us for our next conversation? We’ll have room for up to...

Few names are as well known world wide in connection with Collaborative Practice as that of Pauline Tesler.  Pauline shares her journey into Collaborative Practice and talks about the attorney’s influence as part of the ‘system’ created in working with a divorcing couple, including team and practice group implications.  Which leads into discussion of her current work as the director of Commonweal’s brand new Integrative Law Institute to expand the “Law as a Healing Profession” attitude at the core of CP into all legal endeavors.  Her first offering there is available here.     *************...

Sometimes even the best intentioned professionals’ Collaborative efforts can deteriorate into basic negotiations.  From building an agreement together, things lapse into exchanging proposals.  How can we avoid that and what can we do to return if it happens?  This is the question that guest Billie Grissom brings as we continue our conversation with Woody. Deferral to the needs of the client, our own personal growth, the indispensable value of our CP ‘group’…. are among the topics embraced in connection with her question.  We even meet Woody’s “Dispute Resolution Assistant” Rebecca. Guest:     ...