Episode 376: Collaborative Practice -- application

The International Academy of Collaborative Professionals offers this definition: “Collaborative Practice is a voluntary dispute resolution process in which parties settle without resort to litigation.”  “Each party must be represented by a lawyer whose representation terminates upon the undertaking of any contested court proceeding.” https://www.collaborativepractice.com/

 On the face of it, this sounds a lot like mediation. How is it different? Most important, mediation involves an impartial third party, a mediator. Attorneys may or may not be present. In Collaborative Practice, there is no mediator. And attorneys are always present. In fact, the key point is that everyone agrees at the beginning that each party will have a lawyer whose representation will end if anyone starts an adversarial court case. Mediations do not have that provision.

Although Collaborative Practice is most known in divorce proceedings, it can be used in other areas. Siblings may be at odds over estate settlement questions.  Courts will focus on legal issues. Yet the emotional piece is important, too.

Other fields where emotions can run high and jeopardize sound decision-making can also benefit from Collaborative Practice.  Serious workplace disputes and business ownership issues, in particular, are candidates.

Collaborative Practice is an additional tool to help resolve disputes. It doesn’t replace mediation, conflict coaching, arbitration, or litigation. It is an option.

Do you have comments or suggestions about a topic or guest? An idea or question about conflict management or conflict resolution? Let me know at jb@dovetailresolutions.com! And you can learn more about me and my work as a mediator and a Certified CINERGY® Conflict Coach at www.dovetailresolutions.com and https://www.linkedin.com/in/janebeddall/.

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