Friday, January 14, 2011

Not a Good Day

A few days ago, I said "give me a good collaborative case any day."  I still mean that.  Unfortunately, right now, I have a bad collaborative case.  What exactly does that mean?  It means that despite all the supports provided by the collaborative process, one party has been unable and unwilling to reach a solution that is acceptable to both of them.  It's frustrating for the clients, for the lawyers, the coaches, and the neutrals.  The professionals have tried every intervention of which we can think, to no avail.  Neither client is making any movement in the direction either of them wants, and it feels like one of them is deliberately moving away from the positive.  Is there anything else we can do, or are these folks destined for court?  It's a terrible shame, because I don't see court turning out better than collaborative, even on its best day.

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