Posted on July 23, 2007 by Mark Jakubik
In mediation, there is one “neutral” who helps the disputing parties try to settle their case. The mediator cannot give either party legal advice, and cannot help either side advocate its position. If one side or the other becomes unreasonable or stubborn, or lacks negotiating skill, or is emotionally distraught, the mediation can [...]
Filed under: Alternative Dispute Resolution, Collaborative divorce, Divorce, Mediation | No Comments »
Posted on March 9, 2007 by Mark Jakubik
Lawyers and other profesisonals who are involved in collaborative practice often talk about the “collaborative team.” Just what is the “collaborative team?” The International Academy of Collaborative Professionals describes the idea:
The premise of the “collaborative team” is that parties and their chosen professionals act as a problem-solving team rather than as [...]
Filed under: Collaborative Practice, Collaborative divorce, Divorce | 2 Comments »
Posted on March 4, 2007 by Mark Jakubik
As in traditional family law/divorce cases, your lawyer supports only you and your spouse’s lawyer supports only your spouse. In the collaborative process, both lawyers are trained to consider the other parties’ perspective in order to help both of you reach agreements that accomplish the goals of both parties and preserve the welfare of the [...]
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Posted on January 31, 2007 by Mark Jakubik
My friend and fellow blogger Grant Griffiths of the Kansas Family and Divorce Lawyer blog recently has the follwing on the use of settlements and mediation in family practice, and the appeal of collaborative law, posted on the resources section of his blog:
A fellow family law blogging friend of mine, James Gross of the Maryland [...]
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Posted on January 30, 2007 by Mark Jakubik
One of the first questions I expect people ask (I know it was my first) is what is the difference between a collaborative divorce and a normal divorce? Isn’t it just really a fancy term for everyone trying to play nice? The International Academy of Collaborative Professionals describes the difference as follows:
In conventional divorce, one [...]
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Posted on January 30, 2007 by Mark Jakubik
Collaborative practice is something that I have become very, very interested in, and that I plan to try and integrate into my practice. I largely agree with those who believe that colalborative practice could revolutionize the practice of family law, and that it could be applied, to positive effect, to many more practice areas. If [...]
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Posted on December 22, 2006 by Mark Jakubik
Victoria Pynchon at the Settle It Now Bl AR G has a post about a newly launched outfit known as Mediators Without Borders. I strongly urge you to have a look at Victoria’s site, as well as the information on Mediators Without Borders. I am a strong believer in alternative dispute resolution, and these are [...]
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Posted on December 20, 2006 by Mark Jakubik
My initial training as a lawyer was as a litigator, and for a long time that training colored how I analyzedmy clients legal issues and also impacted the advice that I gave. As family law practice has come to dominate my practice, I have realized that the adversary, litigation oriented way of practice is often, [...]
Filed under: Collaborative divorce, Divorce | No Comments »
