January 2010 Newsletter

Message from the President

Dear Friends and Colleagues:
This is not only a time for celebrating the New Year, but this time of year is also a time for reflection. What accomplishments and goals were met? 2009 was certainly a whirlwind of a year for CLI. Two events stand out in my mind: 1) CLI unanimously supported the UCLA and 2) Minnesota hosted the IACP Forum with the largest attendance in the organization’s history! So, what else do we reflect upon this time of year? Well, just as in our team debriefs, we ask, what went well and what could we learn and do better next time? What goals do we want to accomplish in 2010? Finally, perhaps the most important thing to ponder is: for whom and what are we thankful? The obvious answer is we are thankful for our family and friends, our health and our homes. But I am also thankful to be part of an organization that cares not only about its members, but cares about the members’ service to the clients. I am grateful for all of you and for the work you do every day with families. In addition to the hours spent with clients, many of you have spent hundreds of hours volunteering on a committee or task force, and educating the public about Collaborative Divorce, taking a case pro bono, or mentoring a new member. For all of you who volunteer your time, I am truly grateful. CLI would not be the organization it is without members like you, so thank you!

WARMEST WISHES AND HAPPY HOLIDAYS!
Submitted by Audra A. Holbeck, Esq.

What Factors Contribute to the Termination of Collaborative Cases?

As of August 24, 2009, 793 cases had been reported on the IACP Professional Practice Survey. With the increase in reported data in 2009, the IACP is able to report important findings regarding factors that contribute to the termination of Collaborative cases. This article will identify these factors. It is hoped that an understanding of the factors that contribute to termination will enable professionals to better counsel clients as to the appropriateness of using the Collaborative process for their divorce. A discussion of the factors contributing to termination is part of the process of obtaining clients’ informed consent to participate in the Collaborative process. Collaborative lawyers in particular, have an ethical duty to ensure that clients give such informed consent. This obligation will take on particular importance if the Uniform Collaborative Law Act is enacted in Minnesota. Section 14 of the Act requires Collaborative lawyers to: assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party’s matter; [and] provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternative for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation..."

Submitted by Linda Wray
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Survey: Collaborative Team Practice is Increasing

The excitement – and therefore use – of a Collaborative Team approach has increased here in Minnesota, a recent survey finds, and that growth trend is continuing.

The Team Practice Task Force, the brain-child of Judy Johnson, was formed two years ago as a way to bring together all branches of Collaborative – attorneys, mediators, MHPs, and financial neutrals – to think and talk about ways to work better as a team. CLI then brought Linda Solomon, LPC, LMFT, to Minnesota twice – once in February 2008, and again in August 2008 for a longer seminar – to teach us how the One-Coach Model is done in Texas. As a result of those trainings and countless hours of processing, brain storming, and simply field-testing ideas, Minnesota has come up with a number of tools for the team to use, such as: a process flow chart, client questionnaire, contract & fee agreements for the neutrals, and personal history questionnaire, to name a few and it’s own version of Team Practice. Our model looks a little something like this: One neutral coach, two attorneys, a financial neutral, and if children are children, a child specialist in every case. What’s that you say? Every case? But I'm skilled enough to work without coaches. They’re not needed anyway. They’re expensive. I can’t convince my clients that they are needed.

Submitted by Shannon Helland
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The Collaborative Pulse

So, you're all dressed up with no place to go. How do you manage to land your first gig on a real, live, functioning team of collaborative professionals? Do you need an agent?

It is a challenge to find that first case. Then it is a challenge to find the second... and third... and, you get the picture. For many of us, when we find out about collaborative law it is a breath of fresh air in a smog filled room. The easy part is to catch that first training session. Nothing tricky there, simply find out what training is available and sign up. Take another course, and another, they all help build the foundation to success.

But, how do you manage to land your first gig on a real, live, functioning team of collaborative professionals? Some people just stumble into their first opportunity, and those are the ones with whom we should really be annoyed. For the rest of us, it lies somewhere between an experience and an ordeal.

There are a number of strategies you could employ. You might inquire of some friends whether they would be open to getting a collaborative divorce, and selecting you as one of their professionals. Well okay, so that has some problems. Don't quit yet.

Submitted by Bruce D. Peck
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New Member Spotlight

Jan Hoistad, PhD. is a licensed psychologist who has been in private practice for 30 years. Her office is in St. Louis Park. Over the last four years she has partnered with collaborative professionals as a referring therapist both for couples who have decided to divorce and for those who have chosen to reconcile. Since joining CLI this year, she has immersed herself in trainings to prepare herself for the role of neutral coach. In addition to acting as a therapist or neutral coach for couples, Jan enjoys coaching individuals who are overly emotional or reactive during the divorce process. Her coaching has been useful preparing individuals for four-way collaborative meetings, for neutral evaluation sessions, as well as for litigation.

In her work, Jan has developed a model for couples called Big Picture Partnering. It doesn't matter if a couple is committed and wishes to rejuvenate or enhance an on-going relationship, if they have doubts and wish to gain the tools and skills to reconcile, or if they have arrived at divorce - her partnering model empowers them with tools to proceed with grace and dignity. Jan helps them stay focused on their big picture goals – caring for their children, healing the hurts and building a new future.

You can learn more about Jan's work through her website www.drjanhoistad.com and books: Big Picture Partnering: 16 Weeks to a Rock-Solid Relationship (Twofold Publication, 2004) and Romance Rehab: Ten Steps to Rejuvenate Your Relationship (January 2010, Sterling Publications.) You may also find Living Your Dreams: Conversation Cards for Couples at the local Bibelot shops. 952 922 9430 or janhoistad@drjanhoistad.com