Moving On…

By Marie Nickle

We have to accept, as Collaborative Professionals, that the Collaborative process is not a panacea.  There are many individuals who simply just want to remain in conflict and all the helping to communicate and constructive problem solving we, as conflict resolution experts, can muster will not work.  There is one simple condition needed to assess whether the Collaborative Process is fitting for the case and that is whether the parties are ready to move on from the conflict.  Simple, in that this is the one condition needed, yet not so simple to ascertain.  Of course, most will say they are ready to move on, but behaviour will dictate otherwise.  Absent influence, intimidation, and so on, a party’s readiness to be objectively reasonable is the indicator as to whether that party is ready to move on from the conflict. As lawyers advising our clients, it is as equally important to direct our clients correctly on process, as on the substantive legal issues. If the Collaborative process is the right process, then the client needs to know.  However, the client also needs to know if it is not.  Regardless, due to the last twenty years of sweeping ADR (Alternative Dispute Resolution) trends, lawyers need to be apprised of what is out there so they are in a position to properly advise and be responsive to their clients’ needs.  This has resulted with more up-front work needed by the lawyer with the client.  This simply forms part of the new way to practice law, and in particular, Family Law.  If done well, the lawyer will understand whether the client is truly ready to move on…or not.

Marie Nickle is a lawyer and mediator.  She also trains lawyers and other professionals in the Collaborative Process of Dispute Resolution.