Mediation and the Collaborative Process: Ethics, Similarities, Differences, and How They Intersect
***3.0 Dual CLE hours TN APPROVED***3.0 TN CME hours (1.0 Ethics; 2.0 Family Law or General Mediation) APPROVED***
Clay Phillips, Ph.D., Mediator/Trainer/Behavior Expert and Kristen B. Amonette, Esq. Attorney/Mediator are the presenters for this in-depth program.
While the legal fundamentals of divorce are clear to most attorneys and mediators, navigating the process is no less challenging for the parties. More and more, Family Court judges, attorneys and mediators are finding value to a collaborative approach to reaching a settlement, as compared to a litigated or partially litigated divorce.
Enter mediation and collaborative divorce process/practice. Individually, these processes serve a broad swath of parties seeking to divorce one another while simultaneously limiting the financial and emotional cost – particularly when minor children are involved – as well as any other scorched earth associated with litigation.
Both mediation and collaborative divorce serve a great number of parties that are willing and capable of working together to find a mutually acceptable agreement to settle their divorce without going to court. This is to say that many divorces, for a variety of reasons, will still need the intervention of the court. So, is every divorce suitable for mediation or the collaborative process? Of course not, but for many it is.
This course examines and compares the ethics, similarities, differences and points of intersection between mediation and the collaborative divorce process in Tennessee Courts. Because mediation and the collaborative divorce process rely heavily on the attorney’s/mediator’s ability to be neutral and empowering, their ethical behavior and motivations are of paramount importance, and central to this course.