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miss deadlines , refuse to make themselves available for meetings , or fail to respond to communications .
Experienced collaborative practitioners recognize the importance of setting client expectations early and enforcing boundaries . This translates to regular follow-ups with clients on tasks and settling reasonable deadlines for completion of said tasks . If a practitioner identifies their own client as the noncompliant / non-responsive party , the lawyer may contact the collaborative team facilitator for support and assistance with the recalcitrant spouse .
The practitioner may deeply want the couple , their client , and the couple ’ s children to succeed , in part , because they recognize that our family court system is likely to further divide this family . However , occasionally the collaborative team faces one or both parties who — despite the best screening possible to determine that a matter is appropriate for collaborative resolution — are presenting intractable roadblocks . If so , we must trust our instincts and terminate the process . The parties ’ participation agreement emphasizes that the collaborative process does not guarantee a successful resolution , and it cannot eliminate concerns about disharmony , distrust and irreconcilable differences that have led to the conflict . n
Author : Christine Derr – Harris , Hunt & Derr , P . A .
N O V - D E C 2 0 2 3 | H C B A L A W Y E R
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