Models of Collaborative Practice

Models of Collaborative Practice By Bev Clark

Around the world various models of collaborative practice have evolved. In emerging collaborative communities it is common for the process to involve only two collaborative lawyers as well as the parties and the meetings that are conducted are commonly known as four way meetings.

In more evolved collaborative communities a team model of collaboration is preferred. A team can include a neutral coach who is usually a mental health professional. If financial aspects of the case are relevant a neutral financial expert will also be on the team and both the financial expert and the mental health professional will attend all joint meetings.

The mental health professional will facilitate the process throughout the meetings and will have worked with the parties separately to coach them in relation to communication skills and emotional issues prior to the first joint meeting. The mental health professional will also oversee the emotional aspects of the matter and assist with all team communication and can sometimes also act as a mediator.

The neutral financial professional will meet with the parties outside of the joint meetings and help them prepare financial statements of assets and liabilities, will facilitate the valuation of assets as required, the exchange of documents by way of discovery in relation to financial matters and will sometimes assist by preparing budgets and future projections for the parties to demonstrate outcomes in different scenarios.

The mental health professional can also work outside the meetings with the a parties in relation to parenting plans or in some models a separate child specialist will be involved to also make recommendations and provide assistance in relation to the children’s needs.

In some collaborative communities in addition to the collaborative lawyers a more intense team is engaged which would include a coach (mental health professional) for each of the parties who will work with them outside of the meetings and attend to support them throughout each meeting as well as a child specialist and a financial neutral.

The role of the Collaborative Lawyer

The role of a collaborative lawyer in a collaborative process is to represent their client whilst promoting the objects of the collaborative process. They assist clients to clarify and communicate effectively about their goals, interests, concerns, priorities and values rather than act as a client’s gladiator. The lawyer will advise the clients throughout the process about the process and if required about the law. The collaborative lawyer will work with the other collaborative lawyer throughout the process as a guide and manager of the process.

They will model and teach collaborative conflict with resolution skills and help the client find creative, comprehensive and mutually acceptable solutions to problems. The lawyers will prepare the agendas and the minutes and if agreement is reached they will prepare any necessary legal documents required to finalise the agreement in the way the parties require.

Resources

Information can be obtained by the public and the profession on the website of the Law Society of South Australia www.lawsocietysa.asn.au The Law Society of South Australia has established a collaborative law committee. There is one practice group in Adelaide known as the Adelaide Collaborative Practice Group which meets on a monthly basis. Information about that group can be obtained from Bev Clark bc@bc-lawyers.com.au International Academy of Collaborative Practice www.collaborativepractice.com Belperio Clark www.bc-lawyers.com.au Adelaide Collaborative Practice Blog www.adelaidecollaborativepracticeblog.com