Tag Archive for: International Academy of Collaborative Professionals

Defining “Collaborative Mediation”

If you do a Google search for “Collaborative Mediation,” you will get all sorts of results, many of which have nothing to do with one another.  Many articles simply point out the differences between Collaborative Divorce and Mediation (one of my blog posts would be included with this group).

Other articles will use the term to be a synonym with Collaborative Divorce, referring to neutral professionals (typically a financial professional and licensed mental health professional) as mediators, even if those professionals have not been trained as mediators.  This seems misleading to me.   Still, other articles use the term to mean a friendly mediation or an interdisciplinary co-mediation where lawyers are optional.  I have concerns about those articles because, despite using the term “collaborative,” what they describe is not a Collaborative Law Process as defined by the Florida Statutes or Uniform Collaborative Law Act/Rules.  Again, this is misleading.

I recently was at the 12th Annual Conference of the Florida Academy of Collaborative Professionals (“FACP”) where I presented on the topic of “Collaborative Mediation: Engaging Mediators in the Collaborative Process.”  My co-presenters were Heather McArthur, co-founder and president of Collaborative Professionals of Central Florida and Florida Supreme Court Certified Family Law Mediator, and Keith Grossman, a Florida Supreme Court Approved Primary Family Mediation Trainer and president of the Southwest Florida Collaborative Professionals Association.

As I have not found a good definition anywhere else, one of my goals in co-presenting on this topic (and writing this article) was to define the term “Collaborative Mediation.”  Additionally, I hoped to shed light on this distinct model of Collaborative Practice, find a way to better engage mediators in the Collaborative Process, and offer an option under certain circumstances that could bring more clients and lawyers into the Collaborative Method.

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Applications for IACP Board Due February 18, 2024

The International Academy of Collaborative Professionals is accepting applications to join its Board.  If you are a professional who is interested, you can learn more and apply here (you will need to be logged in to your IACP account to apply).  The applications are due by February 18.

I have had the privilege of serving on the IACP Board since 2018, and my second and final term expires this year.  I am excited for those that will just be beginning their Board service journey.  Accordingly, here is my pitch to you:

Do you want to help shape the future of Collaborative Practice?  Then I would strongly urge you to consider applying to be a member of the IACP Board.  I think Collaborative Practice is still in its infancy, and in my experience the work that we do on the Board has far reaching effects for families and professionals around the world.  I found that I can make a difference, and so can you.

-Adam B. Cordover

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Virtual Introductory Collaborative Divorce Training – March 2024

In the world of family law, where emotions can be overwhelming, imagine helping families go through a divorce peacefully and with a team to support you and the family. What if you could work with professionals you know, like, trust, and respect? Learn to offer Collaborative Divorce services in this highly interactive Virtual Introductory Interdisciplinary Collaborative Family Law training, designed for attorneys, mental health professionals, accountants, financial advisors, mediators, and anyone wanting to help families in a better way.  The training takes place on every Wednesday in March 2024, from 1:00 pm to 5:00 pm Eastern Time.  It is not jurisdiction-specific, and past trainings have included participants from all around the globe.  This training will focus primarily on the One Coach (also known as Neutral Facilitator or Neutral Mental Health Professional) model of Collaborative Practice.

 

Working Together Online

This training happens online, on Zoom. You can join from home, work, or wherever you’re comfortable. It takes place on four Wednesdays in March 2024, from 1:00 to 5:00 PM Eastern Time. This flexibility makes it easy for busy professionals to attend.

Learning from Different Perspectives

The training covers Collaborative Law from legal, emotional, and financial angles. Whether you’re a lawyer, mental health professional, financial expert, or mediator, this training helps you understand how to resolve issues related to family law in a new and supportive way.

Meet the Experts

The training features experts like Adam B. Cordover, J.D., M.A., a collaborative attorney; Jeremy S. Gaies, Psy.D., a licensed psychologist; and Kristin E. DiMeo, CPA, ABV, and J. David Harper, CPA, ABV, PFS, CFF, CBA, CVA, both accountants. All members of Tampa Bay Collaborative Trainers, they bring their vast and diverse experience to help you learn the different ways to help families through difficult issues.

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Video: FACP is Diversity

At the 2022 conference of the Florida Academy of Collaborative Professionals (“FACP”), I had the honor of participating in the filming of a short video showcasing FACP’s commitment to inclusion, diversity, equity, and accessibility.

Per its website, FACP is

Florida’s statewide organization of lawyers, financial, and mental health professionals whose mission is to guide families to peaceful divorce using the Collaborative Divorce Process.

Our vision is to create a culture in which the Collaborative Process is the prevailing method for the resolution of disputes beginning with family law and evolving into all other areas of law.

You can find the video, and a transcript, about the FACP, Collaborative Divorce, and diversity below. Read more

LAWYER MAGAZINE: Who Is Disqualified if a Collaborative Divorce Terminates

As a family law attorney who specializes in Collaborative Divorce and Family Law, I can confirm what research shows:  Collaborative Divorce tends to be successful.

What Is Collaborative Divorce?

Collaborative Divorce is a private, non-adversarial form of dispute resolution where you and your spouse retain separate, specially trained lawyers who focus solely on helping you reach agreements that work for your family.  Oftentimes, you will have the help of a Neutral Collaborative Facilitator who specializes in family dynamics, childhood development, and communication to help keep the process moving forward.  You will also usually retain a Neutral Financial Professional who brings efficiency to the process and can help give both of you the information and tools you need to feel comfortable with whatever agreement you reach.

If a Collaborative Divorce does not result in an agreement, or you or your spouse wish to discontinue the process, then it Terminates.  This means that both attorneys and all professionals must withdraw from your matter (in other words, they are “Disqualified”), and you can move on with successor litigation lawyers, if you wish.

As I mentioned earlier, Collaborative Divorce tends to be successful, and it is relatively rare for the process to Terminate.  A study by the International Academy of Collaborative Professionals (“IACP”) found that 86% of cases ended in a full agreement, with an additional 2% ending in reconciliation between the spouses.  Research by the Florida Academy of Collaborative Professionals has found similar results.  In my personal practice, 90+% of my Collaborative matters have ended in a full agreement between the spouses.  Of course, we cannot guarantee that your Collaborative Divorce will be successful; however, chances are that it will be.

Who Is Disqualified if a Collaborative Divorce Terminates

 

There has been some questions in our local community as to who is Disqualified if a Collaborative Divorce Terminates.  I recently wrote an article for The LAWYER Magazine, a publication of the Hillsborough County Bar Association, on the topic.  You can find an excerpt below:

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Does Your Divorce Lawyer Meet IACP Minimum Standards for Collaborative Practitioners?

The International Academy of Collaborative Professionals has established Minimum Standards for Collaborative Practitioners, most recently revised in October 2014.  When you consider hiring a divorce attorney, and you are exploring the option of Collaborative Divorce, ask your potential attorney whether he or she meets each of the following Minimum Standards:

1. General Requirements:

1.1 The Collaborative practitioner is a member in good standing of: IACP; and a local Collaborative Practice group.
1.2 The Collaborative practitioner accepts the IACP Mission Statement.
1.3 The Collaborative practitioner diligently strives to practice in a manner consistent with the IACP Ethical Standards for Collaborative practitioners.
1.4 The trainings referred to in 2.2, 3.3 and 4.3 must be trainings that meet the IACP Minimum Standards for trainings delivered by trainers who meet the IACP Minimum Standards for Collaborative Trainers.

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Interview: Mosten on Peacemaker Practice Self Survey

I recently had the opportunity to interview ADR legend Forrest “Woody” Mosten.  Woody has been on the forefront of Mediation and Collaborative Practice and is the founder of Unbundled Legal Services.  Woody also happens to be a friend and mentor of mine and my co-author of “Building A Successful Collaborative Family Law Practice” published by the American Bar Association in 2018.  You can find the video below.

You can find the Peacemaker Practice Self Survey reproduced below.

PEACEMAKER PRACTICE SELF-SURVEY

Forrest S. Mosten and Kevin Scudder[1]

Peacemaker Professionals are lawyers, mental health professionals, and financial professionals who deliver services to clients in a number of roles: Advisor, Information Provider, Organizer, Legal Counselor, Mediator, Evaluator, and other forms as service-provider.

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Top 3 Tips To Prepare For Divorce

Now may be a tough time if you are considering divorce.  Your mind is racing, your future is unsettled, and your questions are unanswered.  But rest assured, there are things that you can do to prepare for divorce.

Here are the top 3 tips for you to consider when you are preparing for divorce.

1.  Gather Your Financial Documents

As part of any divorce process, you and your spouse are going to need to divide your marital assets and debts.  These could include funds in checking accounts, savings accounts, money market accounts, retirement accounts, investment accounts, and other accounts.  These would also include liabilities such as mortgages, credit cards, charge cards, and loans.  Your marital assets might also include cryptocurrencies, such as Bitcoin, Bitcoin Cash, or Ethereum.  You should make sure that you have access to (or make copies of) documents, statements, and/or screenshots reflecting all of these so you and your lawyer know what there is to divide.

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IACP Video: Why Choose Collaborative Practice?

The International Academy of Collaborative Professionals (IACP) is the premier organization urging families to resolve divorce and other family law matters in a better way.  Collaborative Divorce, also known as Collaborative Practice, Collaborative Law, and the Collaborative Process, is a structured method of private dispute resolution that keeps families out of court.

The short video below, produced by the IACP, explains why families facing divorce should consider Collaborative Practice.

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What is a Collaborative Facilitator?

If you are looking at your divorce options (from traditional divorce to collaborative divorce to mediation), you may have come across the term “Collaborative Facilitator.”  What is a Collaborative Facilitator?

A Collaborative Facilitator is a neutral professional in a collaborative divorce.  He or she is oftentimes utilized as a team leader and communication specialist within the collaborative family law process.  He or she generally has a background in family dynamics, childhood development, and/or  conflict management.  A Collaborative Facilitator will have credentials and a license.  These will be in the area of marriage and family therapy, mental health counseling, social work, psychology,  or psychiatry.  However, the Collaborative Facilitator is not engaging in therapy as part of the collaborative process.

Author, psychologist, and collaborative trainer Jeremy S. Gaies, in A Clear and Easy Guide to Collaborative Divorce, discusses the role of the Collaborative Facilitator (which he describes as “coach,” using the nomenclature of the International Academy of Collaborative Professionals) in the following excerpt:

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