Florida Academy of Collaborative Professionals

Collaborative practice is a form of private dispute resolution where parties and their attorneys agree that they will focus all of their time, energy, and money on reaching an agreement.  Oftentimes, experts in the realm of accounting, finances, and relationships are brought in to help the parties.

Collaborative practice has mainly been used in the area of divorce and family law as an alternative to public courtroom fights.  What is less well known is that it is also being used in the civil law arena to resolve wills, trusts, and guardianship disputes, insurance and malpractice matters, and business dissolutions.

Florida Academy of Collaborative Professionals

In recognition of the growing role of collaborative practice in civil areas, in 2015 the Collaborative Family Law Council of Florida, a statewide umbrella group with over 450 members, changed its name to the Florida Academy of Collaborative Professionals (“FACP”).  The FACP also recently unveiled its newly redesigned website, which is accessible at http://www.collaborativepracticeflorida.com/.

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Face-to-Face Mediation

I have noticed lately that there is a trend among divorce mediators in Tampa Bay: keep spouses separate from one another.  This is known as “caucus”-style mediation, where the spouses are kept in separate rooms from the very beginning of mediation, and the mediator travels back and forth between the rooms relaying information and offers.

There is a good reason why many great mediators prefer caucus-style mediation.  As divorce is a highly-emotional process, spouses can set each other off when they are facing one another, and negotiations can descend into argument and cease being productive.

I can see where caucus-style mediation may be appropriate for some families, but it is not my preferred method.

acordover_logoRather, when I act as the neutral mediator, I prefer to practice face-to-face mediation.

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2016 Collaborative Law Process Act Making Progress in Florida Legislature

Senate Bill 972, the “Collaborative Law Process Act,” is making its way through the Florida Senate and will hopefully become law this summer.

[UPDATE 2: Governor Scott signed the Collaborative Law Process Act on 3/24/16]

[UPDATE: The Collaborative Law Process Act Passed the Florida Legislature on 3/4/16.  Learn more about it in the following Article: Collaborative Law Process Act Protects Families’ Privacy]

The Collaborative Law Process Act creates a legal framework for families to resolve disputes outside of court.  The bill specifies that family law matters under chapters 61 or 742 of the Florida Statutes may be resolved via the collaborative process.  These family law matters include the following:

  • Divorce;
  • Alimony and child support;
  • Marital property and debt distribution;
  • Child custody and visitation (also known as time-sharing and parental responsibility);
  • Parental relocation with a child;
  • Prenuptial and postnuptial agreements; and
  • Paternity.

Families in Tampa Bay, Greater Sarasota, and throughout the state of Florida are already utilizing the collaborative process to resolve divorce and other matters privately and respectfully, but a big improvement with this bill is that there will be a statutory framework to ensure discussions had in the collaborative process can be enforced as confidential.   Read more

Family Diplomacy Proud Sponsor of WUSF / NPR

Family Diplomacy: A Collaborative Law Firm is now a proud sponsor of WUSF, Tampa Bay’s local National Public Radio (“NPR”) partner.

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You may periodically hear on NPR that “Family Diplomacy: A Collaborative Law Firm reminds you that divorce need not be destructive.  More information about collaborative divorce can be found at (813) 443-0615 or FamilyDiplomacy.com.”

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Last Day for Ron Ousky Tampa Advanced Collaborative Training Early Bird Pricing!

Former International Academy of Collaborative Professionals President Ron Ousky is coming to sunny Tampa, Florida, March 4-5, 2016, for an advanced training on

Promises and Challenges:

Maintaining High Aspirations and Reasonable Expectations

(Strategies for getting the most out of promising collaborative cases and for achieving acceptable outcomes in the challenging cases)

If you are an attorney, mediator, financial professional, or mental health professional who is interested in increasing the quality of your collaborative law practice, then you should register immediately as today (Friday, January 29) is the last day to receive the early bird pricing.  The training is hosted by Next Generation Divorce.

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Name Change

If you live in Tampa Bay, Greater Sarasota, or elsewhere in Florida and you are looking to change your legal name, Family Diplomacy: A Collaborative Law Firm can help you.  Whether you seek to correct your birth certificate, honor a loved one, or turn a new leaf in life, Family Diplomacy will sit down with you and set a plan for moving forward.

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Jennifer Gunnin Guest Speaker at Collaborative Staff Training

Family Diplomacy is proud to announce that our own paralegal, Jennifer Gunnin, is scheduled to be a guest speaker at a unique collaborative training geared towards managing attorneys and staff: Managing Your Collaborative Practice for Passion & Profit.  The training is hosted by Joryn Jenkins of Open Palm Law and also includes a guest appearance by internationally renowned collaborative lawyer and mediator Forrest (Woody) Mosten.

Managing Your Collaborative Practice for Passion & Profit is taking place this Friday, January 22, from 9 a.m. to 4:30 p.m. Eastern Time at the Hillsborough County Bar Association building, located at 1610 North Tampa Street, Tampa, Florida 33602.  Registrants may also attend via live stream over the internet.

Below is from a recent flyer:

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Next Generation Divorce Honors Hillsborough Judge Ashley Moody

As one of my last duties as president of Next Generation Divorce, I had the opportunity to induct Judge Ashley Moody of the Thirteenth Judicial Circuit as an Honorary Member of the collaborative practice group at our December holiday party.  Judge Moody, based out of the Edgecomb Courthouse in Tampa, Florida, has been a strong supporter of the use of collaborative family law as a method to help families resolve issues related to divorce and other matters in a private, nonadversarial, and respectful setting.

Judge Moody’s induction into Next Generation Divorce was announced in the January 15th edition of the Florida Bar News:

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Video 3: Catherine Conner on Structuring A Collaborative Practice Group

In a series of videos for Cutting Edge Law taped in 2008, leading collaborative lawyer Catherine Conner discusses creating, building, and structuring a collaborative practice group.  Catherine Conner is one of the founders and a former president of the Collaborative Council of the Redwood Empire, a collaborative practice group out of California, and Catherine would go on to become president of the International Academy of Collaborative Professionals.

A collaborative practice group is a network of independent professionals dedicated to helping people resolve disputes outside of court via the collaborative process.  The collaborative process is a form of alternative dispute resolution where each party has an attorney, and the parties sign a written agreement that says that their attorneys will only be focused on resolving their dispute privately; the attorneys cannot be used by the parties to fight in court against one another.

Some collaborative practice groups only have attorneys as members, while other practice group are interdisciplinary and also include mental health professionals and financial professionals.  Some practice groups promote the use of the collaborative process in all sorts of civil matters such as employment law, contract disputes, business dissolution, medical malpractice, or other matters, while other practice groups focus on one area of the law, such as family law.

You can find Catherine’s video on structuring a collaborative practice group after the jump:

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Video 2: Catherine Conner on Building a Collaborative Practice Group

Before Catherine Conner was president of the International Academy of Collaborative Professionals, she was the president of the Redwood Empire collaborative practice group, one of the leading practice groups in the nation.  In 2008, Catherine taped a series of videos for Cutting Edge Law on creating and building a collaborative practice group.

You can find video 2 of 3 after the jump (and video 1 here and video 3 here):

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