Collaborative Practice Articles
Modifying the Underlying Dimensions of the TKI Conflict Model
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.
Crisis in the Courts: Making a Virtue out of a Necessity
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.
Divorcing Parents: Avoid Bringing Your Battles to Court
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.
A Collaborative Justice Approach to Bad Behavior in Tennessee Schools
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.
Why is it Beneficial to Collaborate?
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.
3 Fallacies over Lunch
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.
ADR Theory: Intractability in Relation to the Ripeness Theory
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.
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?
Collaborative Law & the Get Artisan Movement with 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."
How Does Collaborative Law Work?
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.
Turning Conflict into Collaboration
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.
When Interests Change at the Negotiating Table
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.
Rising Tides Raise All Boats
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.
Family Therapy: Universal and Unique Approaches - Video
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.
Why You Shouldn't Negotiate with Your Spouse
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.
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 Family Helping - Video
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.
Mediating Between the Mediation Models - Part 1
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.
Mass Claims in The Netherlands
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.
Negotiation and the Attorney in the Collaborative Process
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?
Getting Past the Awkward Stage
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.
The “Secret Sauce” of Grief Counseling and Mediation: A Different Eye
Karin S. Hobbs
I recently attended a session entitled “What Mediators Can Learn from the Brain Science of Grief Counseling” at the Northwest Dispute Resolution Conference in Seattle. I was interested that the lecturer, Professor John Medina, a molecular biologist fed up with current popular myths surrounding neuroscience and author of Brain Rules, was explaining a method of grief counseling that actually helps people who have been traumatized.
Collaborative Divorce Explained - Video
Dr. Ellie Izzo
Dr. Ellie Izzo, an expert in the field, explains the details and benefits to a Collaborative Divorce. She discusses how Tiger Woods decides to put his children first in an amicable divorce.
Two Deadly Biases
People like order and certainty, so they create an explanation that supports that order and then reinforces it. Maria Simpson points out that the problem with creating this order is that mediators can lump participants into roles that create assumptions and biases.
The Basics of Collaborative Family Law - A Divorce Paradigm Shift
Sherri Goren Slovin
Collaborative Family Law (CFL) is a revolutionary approach to divorce that has quickly spread throughout the United States and Canada. Often misunderstood and occasionally maligned, it has the potential to dramatically change the field of family law.
The Transition from TKI Assessment to Effective Behavior
The immediate benefit of taking the TKI assessment and reviewing your results (which includes a personalized report with the online version of the assessment) is awareness. You learn which conflict modes you might be using too much, usually out of habit, and which ones you might be using too little—since you’ve not been exposed to the many positive uses of your underutilized modes. Although gaining awareness is the decisive Step 1, these four additional steps must be taken to improve how you actually behave in conflict situations so you and other people will be more satisfied and your organization will be more successful.
Understanding The Basics Of Collaborative Family Law
Sherri Goren Slovin
The process you choose to end your marriage will have a far-reaching impact on the custodial, financial and emotion outcome. Depending on where you live, you may have the options of mediation, Collaborative Family Law (Collaborative Practice), traditional negotiation, or litigation. The following is an overview of the Collaborative Family Law process.
GenWhy--A Site for Young International Mediators
With its platform Generation Why supports young mediators, and through its website enables them to become more visible. Also, Generation Why wants to facilitate this ‘light community’ of young mediators by organizing various kinds of activities. Generation Why is convinced that in future mediators will fulfill an important role in solving social issues. Peer mediators are, by definition, in step with their generation and can help make complex social conflicts involving youth and young adults manageable again.
The Spiritual Aspects Of Collaborative Law
Dale L. Raugust
The good news is that within the last few years there has been an explosion of new approaches to the resolution of conflict within the family. The adversary system is now regarded by most far sighted individuals as an outdated and ineffective method for resolving conflicts within the family. Most of the time the adversary system makes the problem worse, as the members of the family are forced to talk trash about the other member to “win” their case and obtain custody of the children or a better financial settlement. One new method of dispute resolution is collaborative law.
Facing Mediation? 5 Strategies
As a mediation coach, my mantra is “Mediation can be one of the most important days of your life. The decisions made that day can affect you and your family for the rest of your lives.”
The Mediator as Healer?
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I have been a mediator for years, but only recently have I been toying with the idea that my role is a healer. This is a transition for me and an ongoing process. I am working through this concept and how it affects my identity. I also wonder how it changes my approach to my clients.