Wednesday, November 14, 2012

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.

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