The first meeting with a prospective Collaborative Practice client has a huge impact on how the matter proceeds. These two brilliant trainers have turned their skills to guiding professionals to create the most productive beginnings to their matters.

1. THE
EVOLUTION
OF
DIVORCE
COACHING*
**
with
Dr
Susan
Gamache
*Some
aspects
of
this
workshop
were
presented
at
the
12th
Annual
IACP
conference
in
San
Francisco.
**A
reduced
version
of
this
workshop
has
been
accepted
at
the
7th
Annual
CP
Celebration
conference
in
California,
April
2012.
1.
Divorce
Coaching,
Family
Mediation
and
Family
Therapy
–
The
3
Sisters
As
Divorce
Coaching
enters
its
second
decade,
it
can
take
its
place
along
side
Family
Therapy
and
Family
Mediation
as
a
specialized
practice
in
the
therapeutic
options
for
families.
Collaborative
Divorce
Coaching
is
a
wonderful
addition
to
our
professional
practices
and
has
proven
itself
to
be
effective
for
families.
But
what
is
it?
Once
we
get
past
describing
the
structure
of
the
team,
what
are
we
doing?
Where
is
Divorce
Coaching
located
in
the
greater
field
of
professional
therapeutic
practices?
How
do
we
define
it
to
ourselves
and
to
our
clients?
This
workshop
entertains
these
questions.
We
will
first
examine
several
aspects
of
divorce
coaching,
mediation
and
family
therapy
in
the
tradition
of
comparing
across
categories
as
is
consistent
with
therapeutic
traditions
comparing
different
theoretical
orientations.
For
the
first
time,
the
relationship
between
these
3
overlapping
spheres
of
practice
–
Divorce
Coaching,
Family
Mediation
and
Family
Therapy
will
be
articulated.
Second,
a
summative
definition
of
Divorce
Coaching
for
the
psychological
professional
will
be
proposed.
This
workshop
is
primarily
oriented
to
the
therapeutic
professional
however
other
collaborative
professionals
will
benefit
from
a
deeper
understanding
of
these
overlapping
spheres
of
practice
for
Family
Therapists
and
the
proposed
definition
of
Divorce
Coaching
both
for
themselves
and
for
their
clients.
2.
The
Invitation
to
Collaborative
Engagement;
Building
the
Bridge
Between
Our
Client(s)
and
Their
Process
Choices
This
session
provides
a
4-­‐part
Structure
for
any
Collaborative
Professional,
to
Bridge
the
Gap
between
unbundled
services
of
all
legal
and
therapeutic
professionals
and
the
client
while
at
the
same
time,
invites
the
client
into
a
reflective
posture
from
which
to
receive
the
information.
This
strengthens
the
bridge
between
our
client(s)
and
the
sometimes
bewildering
array
of
process
choices
they
face
at
the
point
of
engagement
with
the
professional
community.
In
this
semi-­‐structured
interview
the
practitioner
first
educates
the
client(s)
about
the
traditional
Dispute
Resolution
Continuum
and
the
aspects
of
client
participation
that
are
relevant
for
each
aspect.
Next,
we
define
The
Other
Dispute
Resolution
Continuum;
all
possible
roles
family
therapists
can
play
and
the
aspects
of
client
participation
that
are
relevant
for
each
role.
The
third
step
is
a
Collaborative
Self-­‐Evaluation
led
by
the
therapist
in
which
the
client
is
further
invited
into
a
reflective
posture
by
reviewing
their
capacities
and
the
complexities
of
their
unique
situation.
The
process
concludes
with
a
preliminary
team
structure
articulated
by
both
the
professional
and
the
client(s).

2. This
interview
structure
includes:
a)
The
traditional
dispute
resolution
continuum
of
Kitchen
Table,
Mediation,
Collaborative
Practice
and
Lawyer-­‐Led,
Negotiation
and
Litigation.
b)
The
Other
Dispute
Resolution
Continuum
that
is
made
up
all
possible
roles
Family
Therapists
can
play:
working
as
a
neutral
or
aligned,
with
children
or
not,
and
in
the
lawyer
joint
meetings
or
not.
c)
The
Collaborative
Self-­‐Evaluation
that
invites
the
client,
with
guidance
from
the
practitioner,
to
reflect
on
their
capacities
and
the
complexities
of
their
situation.
d)
The
interview
culminates
with
a
first
attempt
to
structure
the
appropriate
team
for
the
family
to
move
forward
successfully.
e)
Throughout
the
session,
participants
will
learn
to
understand
and
respect
the
‘Balance
of
Concern’,
the
degree
to
which
the
professionals
and
the
client
are
accountable
to
the
process.
This
sets
a
tone
of
mutual
responsibility
as
a
prerequisite
for
a
successful
outcome
and
making
concerns
about
‘buy
in’
a
thing
of
the
past.

3. Mosten Mediation and Collaborative Training
11661 San Vicente Boulevard, Suite 414
Los Angeles, California 90049
Phone: (310) 441-1454
www.mostenmediation.com
THE FIRST CLIENT CONSULTATION:
Increasing Enrollment of Collaborative Cases in Your Practice
Forrest (Woody) Mosten, Trainer
Overview of the Training
This is an advanced training that focuses solely on the first client consultation. After two days of
intense examination and simulated practice on the elements of the consultation, you should be able to
increase your rapport and trust building with potential clients, as well as offer them a fuller education of
informed consent in choosing a process that meets not just their needs, but the needs and demands of their
spouse and other attorney as well.
Since teaching my first course in client counseling in 1973, I have taught and served as an expert
witness in the area of attorney-client consultations. Since 1989, I have been Chair of the International
Client Consultation Competition for law students (www.brownmosten.com ). In this new course, I
attempt to combine my background in client counseling with my training and practice experience in
Collaborative Law, Mediation, and Unbundling to offer an invaluable and exciting learning experience.
In this two day course, you will apply the proven concepts of counseling clients to the particular
demands of informed consent in Collaborative Law. The course is structured around factual situations
that can make a difference whether your potential clients engages you and whether your clients are
prepared for the key challenges that lie ahead in the Collaborative process.
We all know that not every potential client hires us, and those that do engage us often will not
choose to sign a Participation Agreement with a Disqualification Clause. In this course, you will learn
how to discuss your possible role as a limited scope professional if your clients decide to represent
themselves or to start with mediation rather than enroll in the Collaborative process. Utilizing IACP
research on why Collaborative cases terminate, you will be better prepared to handle the nuances of
negotiating the Participation Agreement and Disqualification Clause as well as how to prepare clients to
succeed within the Collaborative process by selecting a model that is right for their family, reduces
resistance from the other party (and lawyer), and helps avoid termination if at all possible.
Finally, you will develop challenging consultation scenarios for me to handle in front of the entire
class followed by the opportunity to discuss strategies raised during these Stump the Trainer sessions.
It is my goal that by focusing the training lens solely on the client consultation, after two days,
you will not only improve your consultation knowledge and skills, but also increase the volume of
Collaborative cases that you enroll that will contribute to increased profitability of your practice.
Woody Mosten

4. DAY 1
9 a.m. Registration
9:30 a.m. THE CLIENT CONSULTATION: THE FOUNDATION OF
COLLABORATIVE PRACTICE
Structure and Strategies of a Client Consultation: Fundamental
Client-Centered Counseling Skills (Motivation, Active Listening,
Questioning); Advanced Strategies for Information Gathering ;
Concepts of Client Decision Making; Making Your Office A
Classroom of Client Education
12:30 Lunch
1:30 PROVIDING INFORMED CONSENT
Enrolling a Collaborative Case: Anticipating and Overcoming Future
Problems in Collaborative Cases with Effective Screening and Discussion
With Your Client; Discussion of Benefits and Risks of Collaborative
Practice; Frontier Issues of Confidentiality; Handling Key Issues of Client
Engagement Letter and the Participation Agreement; Providing Estimate of
Fees and Options for Payment
STUMP THE TRAINER
Participants will Develop Challenging Consultation Scenarios for Woody
to Handle in Front of the entire class
4:30 Adjourn

5. DAY 2
9:30 OVERCOMING RESISTANCE
How to Describe Various Models of Collaborative Practice:
Lawyers- Only Referral, Full Team; Willingness to Work with Trained
Collaborative Professionals Outside Practice Group, Untrained
Professionals, and Role of Litigators within the Collaborative Process;
Synergy of Mediation and Unbundling with Collaborative Practice
12:30 Lunch
1:30 USING THE CLIENT CONSULTATION TO BUILD YOUR
PRACTICE
Developing Your Collaborative Signature; Improving Profitability through
Congruent Peacemaking Values; Combining Missions of Individual
Practices and Practice Group to Increase Cases;
STUMP THE TRAINER
Participants will Develop Challenging Consultation Scenarios for Woody
to Handle in Front of the entire class
4:30 Training Concludes