Collaborative Professionals of Washington 10 th Annual Training - - PDF document

CPW 10th Annual Training Conference Presentation Summaries Page 1 of 10

Collaborative Professionals of Washington 10th Annual Training Conference March 10-11, 2017

THANK YOU TO OUR CURRENT CONFERENCE SPONSORS: Anne Lucas, Kevin Scudder, David A. Strickland, Laura Weight Cyprus Collaborative Solutions, King County Collaborative Law, The Schwarz~Garrison Law Firm

Presentation Summaries

WSBA Approved 9 CLE credits. CEU credits expected. TRACK 1 Day 1 9:00-10:30 Collaborative Practice and the Ethics of Concern for Third Parties Presenter: Joseph Shaub, J.D., M.A.

• Mr. Shaub is a Licensed Marriage and Family Therapist in private practice. His practice

primarily concentrates in providing Emotionally Focused Couples Therapy and individual counseling; collaborative coaching services and divorce mediation. He is an attorney in private practice concentrating in support and representation of Mental Health Professionals; unbundled legal divorce services and mediation. He has served as a Visiting Professor of Law, Seattle University School of Law, supervising the Family Law Clinic in the Ronald A. Peterson Law Clinic (Spring Semester, 2008), Lecturer, University of Washington School of Law, teaching Interviewing and Counseling (1999-2013); Solo and Small Firm Practice/Practical and Ethical Issues (2001-2007); Negotiation (2003) Adjunct Instructor, Antioch University/Seattle in Family Systems, Divorce Counseling and Ethics (1995-1999) and a Principal Trainer, Basic 12- Hour Collaborative Law Training as approved by the IACP Continuing Education Provider for both mental health professionals and attorneys for the past 25 years. Ethics, Personal Developmental and Mental Health, Professional Development.

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Description of Workshop: Collaborative Practice runs into the age old directive that attorney’s

• we a singular duty to their clients. Trained in the adversarial ethic, litigators contend that the

underpinnings of Collaborative Practice run afoul of basic ethic responsibilities. But is that true? This Workshop explores, unpacks and rejects the soundness of the adversarial ethic. In the early 19th century, Lord Henry Brougham stated the attorney’s fundamental duty of sole and singular loyalty to their client. This rather suspect proclamation traveled across the Atlantic and found some fertile – and some rocky – soil in the legal establishment of the United States. The duty of “zealous advocacy” was explicitly stated in the ABA ethical code in 1908, but in subsequent years it was removed. Yet, this value has formed the cornerstone for conventional legal ethical decision-making to this day. This workshop will describe this history and the evolution of the adversarial ethic to the present, the arguments against this ethic by legal scholars and how this shift impacts the work collaborative lawyers may do. The workshop will be broken down into an initial hour of didactic presentation with the remaining half hour to involve discussion, particularly the question of when does a client’s interests include the wellbeing of

• thers and how can we express this professional philosophy and legal position in the materials

we provide legal clients and the language or attorney fee agreement/professional engagement contacts. Learning Objectives.

• a. Trace the history of the adversarial ethic
• b. Provide collaborative attorneys with authority and support for collaborative

practice

• c. Establish the ethical support for an attorney’s concern for third party’s interests.

TRACK 1 Day 1 10:45 a.m.-12:15 p.m. Ethics Café’ Facilitators: Loretta Story, J.D. and Kevin Scudder J.D. Ethics Description: In this workshop the goal is to explore the range of considerations that bear on ethical questions that arise in our Collaborative Practices. Using the Rules of Professional Conduct and the Uniform Collaborative Law Act as backdrops, we will consider factual scenarios from actual cases to see whether there are “clear” answers to questions that arise in our practices. We are not searching for the “correct” answer. Instead our learning will come from a dialogue

• n the nuances and considerations that bear on the questions being posed.

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Participants are asked to join this workshop from a place of curiosity to enable exploration of different ideas, approaches, and perspectives. When considering the questions that are presented, please ask yourself: Are there circumstances or considerations that would cause you to reach a different conclusion? How might you address this type of question with the professionals or client(s)? TRACK 1 Day 1 1:15 p.m. -4:30 p.m. When Collaborative Practice Collides with the Hardball Negotiator Presenter: Mark Weiss, J.D. University of Washington, Bachelor of Arts in political science, Northwestern College of Law, Lewis & Clark College, Juris Doctor (1987); ongoing and significant continuing education in substantive legal topics, and workshops/classes mediation, negotiation, interdisciplinary team work, Collaborative Law, counseling, relationships, psychology, finance, and other topics related to working with families in transition. Professional Development Description: Untasteful as it may be, sooner or later you will likely encounter someone who resorts to using hardball negotiation tactics in Collaborative matters. It could be a client or a

• professional. The tactics might be subtle or obvious. How do you identify these tactics, and

respond while maintaining integrity, client interests, and the principles of the Collaborative process? In this workshop, we will identify several hardcore negotiation tactics and explore ways in which different members of the professional team might respond while upholding the principles of the Collaborative process. Learning Objectives: When a person engages in hardball negotiation, the negotiation has become positional/distributive. This workshop will help Collaborative professionals identify common positional tactics which might derail the process. It will then also help them respond appropriately to the circumstances, with a focus on returning to an integrative negotiation style (such as interest-based). TRACK ONE Day Two 9:00 a.m. – 1:15 p.m. (lunch break included) A Peacemaker’s Signature – Aligning Values, Interests, and Practice Presenters: Adam Cordover, J.D. , M.A. Tampa Florida and Brian Galbraith, B.A., L.L.B., LL.M Barrie, Ontario, Canada

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Both presenters are graduates of the Leadership Academy of the International Academy of Collaborative Professionals and founding members of the Peacemakers Training Alliance Professional Development Description: A Peacemaker’s Signature aligns the professional’s values with client interests, and it represents services offered. It further allows you to differentiate your practice. This interactive workshop utilizes assessment tools to help you develop a Peacemaker’s Signature. A clear Peacemaker’s Signature is a cornerstone to building a successful, satisfying collaborative practice. Do you want to add collaborative practice to your family dispute resolution repertoire or do you aspire to be a full-time peacemaker? Either way, it is important to consider the current state of your practice. Exploring how your current practice aligns with your values, how you want others to view your practice, and how you differentiate yourself from others is essential. Equally important is ensuring that your signature is congruent with the goals and interests of the clients you wish to serve. Clients desire services that are cost-effective, lead to a timely resolution, and transform the conflict into peace. This highly interactive workshop will engage participants in various exercises to help them focus on the development of their own Peacemaker’s Signature leading to the ability to better articulate who they are, what they do, and what makes their practices different. Furthermore, they will consider how their signature coalesces with the client’s goals and interests. Developing a Peacemaker’s Signature is a central step to building and growing a successful collaborative practice. Learning Objectives: Participants will learn to:  Identify and articulate their values; Assess their peacemaking practice preferences and styles; Differentiate their collaborative practice in the marketplace and how it is in line with the values of their clients; and Develop a Peacemaker’s Signature. The workshop will include elements of lecture, self-assessment exercises, small group discussions, interaction between the audience and the presenters, and sharing by the audience. TRACK 2 Day 1 9-10:30 a.m. The Cost of Collaboration: Achievements Made and To Be Made Presenter: Kevin Scudder, JD Presenter Bio: Kevin R. Scudder is a graduate of Hampshire College (1983) in Amherst, Massachusetts and of the University of Washington School of Law (1986). Since 1995 he has been working in Seattle, Washington as a sole practitioner with an emphasis on family law, estate planning, and plaintiff personal injury work. Law and Legal Proceedings, Professional Development, Improving the Legal System.

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Kevin is a graduate of the International Academy of Collaborative Professionals’ inaugural Leadership Academy, a trainer, and a regular contributor to the Collaborative literary community [http://theworldofcollaborativepractice.com/ and http://www.be-fulfilled.org/]. Overview: A major area of conflict in the Collaborative and general legal community is the cost

• f Collaborative cases compared to the cost of traditional litigation. While this workshop will

not present a comparison of the two, it will: Present personal data on over 40 collaborative cases as to cost; Explore how we have strived to make the Collaborative Process more cost-effective for clients; Brainstorm other ways to achieve a process that is responsive to comments that the Collaborative Process is “too expensive”; and, Discuss how to continue gathering data, using the Case Debrief Survey that can be used to educate Collaborative Professionals and consumers about the cost of the Collaborative Process. Description: One issue Collaborative Practitioners must address is the cost of the process. To do so we need to know what it costs. This workshop will present data on the cost of Collaborative Cases, explore achievements made in reducing that cost, and identify a tool to use for future data gathering. Kevin Scudder has been gathering data from his collaborative cases and has information about fees for over 40 cases. From this data he has been able to determine the average number of meetings per case, the difference in the cost for cases involving children compared to cases without children, and the percentage of cases that terminate prior to resolution. With this information he is better able to inform clients about the process and what to expect in time and

• cost. He has also used this information to explore ways to reduce the overall cost of the process,

and he is sure others in our community have also developed ways to reduce the cost. Having a discussion about this issue, based on data and experience, will help the collaborative community at large. As to future data, Kevin has developed a Survey through IACP that our community can use to debrief cases and to gather data that can be used at the State and National levels. That Survey has resulted in limited data due to the limited number of times it has been used, but a high number of topics for to discuss within the Collaborative Community. Learning Objectives and Target Audience: To educate Collaborative Practitioners about the actual cost of Collaborative cases based on data; to support Collaborative Practitioners in their efforts to reduce the cost of the process in ways that does not damage the process; and, to educate our community on how we can use the Survey to facilitate discussions and gather data, strengthening our Collaborative Community and making us better Collaborative Practitioners.

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TRACK 2 Day 1 10:45-12:15 The Child Specialist: Gathering What We’ve Learned Presenters Kristin Little and Toni Evans Category: Personal Development and Mental Health, Kristin Little MA, MS LMHC is an active member of King County Collaborative Law with an established practice as a Collaborative Divorce Child Specialist. Kristin has experienced collaborative divorce personally and professionally and utilizes knowledge from both in her approach to child specialist work. She has provided therapy for children and families for 20 years, is certified in Washington State as a Child Mental Health Specialist, and has three years of collaborative team experience. Kristin is also trained as a Community College Instructor and has enjoyed teaching introductory and developmental psychology courses and more recently developing and presenting educational classes for divorcing and single parents. Toni Evans MA, LMFT is a Mental Health Cousnselor and Family Preservation Therapist. He has worked with children, adults and fmailies through the use of CBT, Behavior Modification, Play Therapy and TF-CBT. She has also works with parents, students and teachers in the Renton School District. Professional Development, Law Legal Proceedings Description: What exactly does a child specialist provide for children and families? How does the Child Specialist integrate successfully with the professional team, and what have we learned so far in our collaborative journey. Kristin Little and Toni Evans present the child specialist process and describe the benefits and challenges for teams and families in the divorce process. The presenters will discuss the Role of the Child Specialist; Qualifications of a Child Specialist to include education, Collaborative competency, and useful skill sets; The Child Specialist Role Distinguished from Therapy, Guardian ad Litem or Parenting Evaluator; Share a proposed structure for Child Specialist services to include a summary of main goals for Child Specialists. Learning Objectives to include:  Identify the main role and goals of the Child Specialist in collaborative teams  Distinguish between the role of Therapist and Child Specialist and develop awareness of the importance of maintaining role of CS in collaborative teams

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 Understand of the importance of establishing clear boundaries with other team members  Gain insight into the benefits of establishing clear expectations and practices in the role

• f Child Specialist for maintaining quality of service to clients and team

 Understand the process and rationale of a proposed approach to Child Specialist services that seeks to add structure to the Child Specialist role when working in collaborative teams  Identify common reactions to divorce for children and the specific assessment goals of the Child Specialist  A clear understanding of the role of Child Specialist and what the role offers collaborative teams  Increased ability to evaluate successful fit of Child Specialists based upon education and skills sets  Clarify expectations and gain skills in integrating Child Specialist Services in the team process  Identify common reactions to divorce for children and the specific assessment goals of the Child Specialist TRACK 2 Day 1 1:15-4:30 Intakes to Increase Collaborative Cases Presenters: Nancy Retsinas, JD, and Kathleen Zumpano, LMFT Nancy Retsinas is a collaborative lawyer and certified mediator in Washington and Oregon. In 2007, Nancy began offering alternative dispute resolution (ADR) options to her clients, and now works with them in a multitude of out-of-court settings - as their collaborative law settlement attorney, as a neutral mediator, as a conflict coach, as settlement counsel in on-going litigation matters, and as a litigation and settlement consultant. She committed her practice to out-of-court settlement processes in January 2015 and no longer litigates disputes. She is Executive Director and lead legal trainer for Two Rivers Institute for Dispute Resolution. Nancy has trained professionals in client-centered dispute resolution methods since 2008. She is a frequent speaker

• n topics such as: client-centered decision-making, collaborative law, mediation, client relations,

strategic communications and planning, legal ethics, settlement advocacy, child abuse reporting, divorce and family law, and guardianship issues in family law. Nancy also provides facilitation services in the public and private sector.

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Kathleen Zumpano LMFT is a licensed marriage and family therapist with over 14 years’ experience working with children and families. She holds degrees in child development and psychology as well a master’s degree She has a private practice in Portland, Oregon, where she exclusively provides child specialist, coaching and mediation services. Kathleen is the lead mental-health trainer for the Two Rivers Institute for Dispute Resolution, and has presented many workshops and seminars on a variety of topics related to children and families, including for IACP and Collaborative Practice California’s Annual Conferences. Office Management, Professional Development. Description of Workshop: From the first phone call, clients receive direct and indirect information about how you can help them with their divorce. The language, listening skills and questions asked all indicate to the client which options are viable to them. Honing in skills in these areas will increase your Collaborative cases. This presentation will include knowledge sharing in the following areas: 1. Presenter/participant introduction; 2. Intake introduction; 3. Intake Structure; 4. Listening skills; 5. Explaining process

• ptions; 6. Helping client engage partner/spouse; 7. Practice management tips

Learning Objectives

• a. Participants will identify the areas of their intakes focused on cultivating traditional clients

versus collaborative clients, to enable them to make adjustments to their intake processes to increase opportunities for collaborative cases.

• b. Participants will be able to apply specific questions and listening skills to their intake and

initial consultation processes to increase their collaborative cases. Target audience: Collaborative practitioners of all professions and experience levels will benefit from this workshop. TRACK 2 Day 2 9-10:30 a.m. The Balint Group Method for Consulting about Stressful Cases Presenter: Kris Wheeler, MA, LMHC Kris Wheeler, MA, LMHC is a credentialed leader of Balint groups through the American Balint

• Society. She offers psychotherapy to individuals and couples as well as clinical consultation

through her Seattle-based private practice. She offers Balint groups through the Northwest Alliance for Psychoanalytic Study. Personal Development and Mental Health

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Description - The Balint group method for case consultation - overview and demonstration: This gentle approach tackles challenging interpersonal relationships, through the use of imaginative and intuitive speculations about the experiences of all parties. Balint groups flex our “empathy muscles” in a manner that can trigger greater creativity in potentially fraught situations. Balint group work is a kind of empathy practice that helps spell out the inner and interpersonal dynamics of a helping relationship. Doctors, lawyers, counselors, social workers, and those in related professions utilize Balint groups to gently and non-intrusively tease out the inner and interpersonal dynamics that can contribute to a professional relationship becoming charged or

• stuck. The method is fairly simple and the results are often surprisingly nuanced and relieving.

After an extemporaneous presentation of a case, group members describe what arises intuitively and imaginatively while focusing on the experiences of both or all members in the professional

• relationship. Based in respect for the professional competence of the presenter, we don’t offer

advice regarding technical management of the situation. This leaves the presenter free to resonate with images and feelings that deepen his or her empathy and understanding, and free to trust his

• r her own thoughts while continuing to build an alliance with the client.

TRACK 2 Day 2 10:45-12:15 Intercultural Communications Presenter: Tamia Pervez, J.D. Tamia Pervez serves as Training Coordinator at the Dispute Resolution Center of King County (DRC), where she coordinates a variety of trainings, including professional development, community workshops and contract trainings. Tamia has presented on local, regional and national conference panels about working in the non-profit sector, hate crimes, racial profiling, immigration enforcement and community organizing. Tamia holds a Juris Doctor degree from UCLA School of Law where she specialized in Critical Race Studies. Tamia received her Bachelor of Arts degree in Political Science with minors in Spanish and American Sign Language from the University of Rochester in New York. Tamia enjoys traveling, photography and interior design. She hopes to continue contributing toward building more peaceful and connected communities. Professional Development Description: This workshop introduces participants to "Face Negotiation Theory" and its implications for conflict resolution settings. There will be a brief discussion of concepts such as culture, intercultural conflict, and intercultural communication. We will also consider possible

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strategies to manage face needs during conflict-based negotiations relative to collaborative legal practices. The content in this workshop is geared toward starting a conversation regarding a topic that could potentially be a game-changer in some existing conflict resolution, mediation and negotiation models. "Face Negotiation Theory" is a concept that provides insight into some of the factors that conflict resolution professionals ought to consider while preparing for and engaging in culturally sensitive and effective conflict resolution processes. This theory refers to common cultural practices of "saving face" and helps to identify possible underlying needs that may be informing expectations regarding appropriate behavior during conflict-based

• negotiations. The goal of this workshop is to help participants gain a basic awareness of the

possible "face needs" of all those involved in a conflict resolution setting and to provide a space in which to consider possible strategies for addressing those needs in a collaborative setting.