| SHARON'S APPROACH I strive to listen attentively, think clearly, question intelligently, communicate carefully, speak honestly, respect client autonomy, and empower clients. BOTH MEDIATION AND COLLABORATIVE LAW Recognize and respect emotional aspects of negotiation. Help clients to be heard and to hear. Explore client needs and interests. Demonstrate new communication skills. Facilitate new ways to interact. Lower stress in high conflict situations. Develop, consider and compare options. Encourage creative solutions. Resolve disputes amicably. Create new relationship patterns. WHEN WORKING AS A MEDIATOR, I meet individually with each client to obtain information, explain the process, and establish rapport. Thereafter, I generally meet with the clients together. I remain neutral. I do not give legal advice. I encourage clients to identify their own and each other’s respective needs and interests, as opposed to wants and positions. I assist in the exploration of creative options. And I facilitate discussion aimed at practical and acceptable solutions which can be expected to survive review by their respective attorneys. When clients wish, their attorneys participate in the process. WHEN WORKING AS A COLLABORATIVE LAW ATTORNEY, I diligently represent and advise my client as we participate in a series of meetings that we hold with my professional colleague, who is also trained in collaborative law, and his or her client. The schedule and agendas for meetings reflect clients’ needs. Before and after each meeting of all four persons, I confer with my client and with my professional colleague. I also suggest that each client have an initial meeting with a CL “coach” in order to have this professional on board and, often, reduce needed attorney time. When experts are needed, e.g., for a psychological evaluation of a child or for a financial appraisal, one such person is agreed upon, thereby avoiding a battle of experts. It is also agreed that all information and documentation will be shared voluntarily, thereby avoiding discovery fights. Collaborative attorneys must withdraw if discovery is not voluntarily forthcoming and/or if the case does not settle. This disqualification agreement and the transparency of the entire process distinguish collaborative law from other forms of negotiation that result in settlement and are the keys to success. Coach/Therapist Difference in CL The best general is the one who never fights. Sun Tzu |
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