Ending civil war

Our collaborative practice groups usually have some sort of program at each meeting, and the most recent meeting of the Montgomery County group had a guest speaker from New York who talked about collaborative practice in civil cases.

Collaborative originated in family law because it is such a natural fit and has proven very beneficial in resolving the issues arising in divorce. But, as Marc Sheridan explained in his presentation, there are some types of civil cases, such as employment and business disputes, where sitting down around a table and discussing things together also produces a result more satisfying to the parties involved and a good deal cheaper in legal costs.

Marc, who is a partner with Markus & Sheridan in Mt. Kisco and New York City, said that the same things that work in a divorce dispute -- keeping the focus on solutions and putting reason ahead of emotion -- also works in these civil disputes. In addition, the ability to call on outside experts such as economists, forensic accountants and business consultants can be particularly helpful.

Marc is also founder of the New York Civil Collaborative Group, which recently completed a video on collaborative practice in civil cases that lawyers can view for Continuing Legal Education credit.

Most of the lawyer members of our practice groups are in family law, though a few of them will also do civil cases. But for all of us it was interesting to see this other application for collaborative. The point in general is to stay out of court, with all the acrimony and arbitrariness that entails, and to reach a fairer settlement that leaves fewer emotional scars. I could imagine that clients who have a satisfying collaborative experience in a divorce might be willing to use the same method in certain types of civil cases, should the need arise.

Collaborative Project of Maryland

One of the initiatives I’ve gotten involved in is the Collaborative Project of Maryland, a nonprofit set up to provide collaborative services at little or no cost – pro bono and low bono, as we say. We got a grant from the state government to fund it and we’ve been busy spreading the word.

This week, we went to Towson, just outside Baltimore, to visit the Women’s Law Center of Maryland. The collaborative project’s coordinator, Vega Subramaniam, and a couple of us lawyers explained how collaborative works. We described how the two partners come to a table with a lawyer for each, a mental health professional who we call a divorce coach for each, and, if necessary, a financial expert.

One of the participants from the women’s center had a reaction I sometimes get from clients: “Isn’t that a lot of resources for just two people?”

Yes, it is. Her concern was that as the state was cutting back aid for mediators – just one person who tries to help a couple sort out their issues – it seemed to be a luxury to have four or five professionals involved in a settlement.

But divorces come in all shapes and sizes. Some are amicable and the two parties can quickly reach an agreement that they just have their lawyers sign off on. Other times, a mediator can really be just the ticket, clarifying issues for the two parties so that they can see their way clear to agreeing on a settlement – or sometimes even staying together. I also do mediation and it can be a satisfying experience for everyone.

Other times, however, emotions are too raw or financial and other issues are too complex. The collaborative process allows the two parties to work through these problems in a non-confrontational way that looks to the future rather than spend time in recriminations about the past. The sessions of two or three hours each do run up some time with the professionals involved. But generally speaking, this time – and the expense associated with it – don’t come anywhere near that required for litigation, even if the case never actually goes to trial. I’ve worked at two of DC’s top family law firms and seen the amount of resources that go into preparing for a trial – time spent by the senior partners, the associates, the paralegals, the support staff, assorted experts. The bill for all this can be astounding.

Some cases are simply too complex to be settled by anything other than litigation, but many others can be better resolved through alternative dispute resolution, either mediation or collaborative.

The goal of the project is make collaborative available in cases where it’s suitable even to people who can’t afford to pay, or pay fully, for these resources. Our trip to Towson comes after earlier trips to Baltimore and St. Michael’s on the Eastern Shore as we work to educate people about how collaborative works and the availability of this service.

We are very lucky to have Vega as the director of the project. She is passionate and extremely competent, and, like many in the nonprofit sector, is working for less money than she deserves because she believes in the goals of the project. She is based in Rockville and the link the project’s website is under Important Links.

My new blog

I specialized in family law because I believe it is a chance to use my legal expertise to help individuals in the time of their greatest need. Solid legal counsel regarding a client’s rights and possibilities during this process can ease the mental and emotional strain that can be generated by the end of a marriage.

 

Separation and divorce are very personal and emotional events that are regulated by our judicial system but which strike at the very core of our wellbeing. The lawyer who helps you navigate through this painful process must know the law, but must also be sensitive and empathetic to what you are going through.

 

That's one of the reasons I've gravitated toward collaborative practice in divorce, a form of alternative dispute resolution that brings the parties to the table to talk instead of to the courtroom to litigate. It is often a way to produce a fairer settlement with less emotional damage for both parties as well as for the children.

 

I'd like to use this blog to discuss how this process works. I belong to numerous professional associations in collaborative practice and regularly attend workshops and conferences where we  discuss how best to help people through this transition. And I'm working every day with clients to help them solve their problems. 

 

In these postings, I'd like to share some of the insights from this practice -- with my colleagues, with my clients and potential clients, but also with anyone looking for a better understanding of how to manage the complex emotional relationship in a marriage or other partnership.