Collaborative Practice and the Interdisciplinary Team Model

(as featured in the May 2007 issue of Family Law News, a publication of the Family & Juvenile Law Section of the Maryland State Bar Association)

Collaborative Law^[1], Collaborative Practice, and Collaborative Divorce are all terms that can be used interchangeably when referring to the revolutionary and relatively new model of alternative dispute resolution sweeping the nation.  In Maryland, the number of trained collaborative professionals is growing exponentially and enthusiastically.  So too are the number of successful collaborative cases. With the development of the only statewide umbrella organization, the Maryland Collaborative Practice Council (“MCPC”), which consists of attorneys, mental health professionals and financial specialists, more emphasis is being placed on the team approach to collaboration otherwise known as the interdisciplinary team model. 

The interdisciplinary team model utilizes a combination of collaboratively trained professionals working interactively as co-equals.  In addition to the attorneys, mental health coaches participate, one for each partner, to help with their communication skills during the process.  The parties are guided by their coaches on how to present their individual needs and goals in the most effective manner as well as how to handle co-parenting issues.  Typically, the parties meet one-on-one with their coaches prior to the initial collaborative meeting to address issues that could become emotional obstacles during the process. 

The child specialist focuses on the needs of the children and meets with them, if appropriate, to determine their concerns.  The child specialist acts as the children’s voice bringing valuable information back to the table in an effort to assist the parties in crafting a parenting plan which meets the children’s specific developmental needs.  The child specialist is not, however, a custody evaluator.  Instead, this professional works together with the other members of the team by adding insight and experience to the resolution of what often can be difficult children’s issues. 

The financial specialist assists the parties in gathering and analyzing the necessary information about their finances in a neutrally productive manner.  The expertise of the financial specialist is beneficial in helping the parties and their attorneys understand the present and future consequences of the various settlement options.  Often, this professional will work with the parties together in developing alternative scenarios which then are explored more fully in a five-way meeting with the attorneys. 

The interdisciplinary team approach utilizes the various professionals who have the most expertise on a particular issue on the table for resolution.  For the clients, the involvement of the additional professionals provides a direct and more efficient means of addressing the often complex process of unraveling a marriage.  A big advantage of using the team model for all of the professionals is the increased opportunity for guiding the potential clients into the collaborative process.  Furthermore, a successful team in one case may find themselves working together on other collaborative cases more and more in the future. 

The MCPC is sponsoring an interdisciplinary team training in Gaithersburg, Maryland on May 17, 18 and 19, 2007.  For more information on the training please contact Karen Robbins at familylawmd@aol.com or at (301) 260-0223.  For information on how to become a member of the MCPC, or generally about collaborative practice please contact Darcy A. Shoop at dshoop@steinsperling.com or (301) 838-3228. 

Ms. Shoop is a Principal with Stein, Sperling, Bennett, De Jong, Driscoll & Greenfeig, P.C. in Rockville, Maryland, founding President of the MCPC and has been engaged successfully in collaborative practice since 2004. 

[1] Developed by Stu Webb in 1991, Collaborative Law involves a commitment by the parties, their counsel and other participating professionals to resolve the case respectfully and without the threat of litigation.  If the case cannot be settled, the attorneys and other professionals involved must withdraw.   The process is protected by confidentiality yet requires full disclosure of all financial and other information necessary to resolve the issues.   All participants are expected to conduct themselves in a dignified and honest manner consistent with the principles and guidelines of Collaborative Law.  Collaborative Law is expanding into other practice areas besides family law including, but not limited to, civil, probate, business, and personal injury.