Collaborative Mediation CLE
KCCL Annual Meeting April 23, 2026
Overview
Collaborative practice began as a litigation alternative for family law attorneys. Over time, other professionals, primarily with backgrounds in mental health and finances, have joined attorneys in interdisciplinary teams. We’ve seen the two-coach model, the one-coach model, and the referral model, among others. It has taken many years of experimentation to develop the current model we are familiar with. Just as our definition of family is continually evolving, we are always finding new ideas and approaches to collaborative practice. For those of us who are new to the logistics of collaborative practice, here is a brief and slightly reduced overview. Attorneys meet with clients first, have a four-way meeting where the clients review and sign the participation agreement, and attorneys refer clients to a hand-picked coach and financial specialist. According to the example agendas that Kevin Scudder created, six joint sessions is the average. A typical joint session includes two attorneys, one family systems specialist, one financial specialist, and two clients, and lasts three hours. Including preparation time and debrief time, the cost per meeting is high. Between joint sessions, the clients work singly and jointly with the family systems specialist and financial specialist, and also meet separately with their respective attorneys. The professionals will also coordinate among themselves. There is no exchange of demand letters, and much of the work happens through phone calls, emails, videoconferences, and in-person meetings. The attorneys are the note takers. In earlier versions of the process, the attorneys managed the process. Case management has become more shared, and often falls to the family systems specialist. Similar to collaborative law, the intention of mediation is to support clients in reaching thoughtful, informed and robust agreements. However, the approach is quite different. The clients often work with one mediator, and of all the professionals a client may consult with during mediation, the most common choice is an attorney. If the mediator is also an attorney, this is not an interdisciplinary process. Because mediation can vary widely depending on the mediator, I will share a bit about my mediation practice. The usual number of meetings in my caseload is five. Meetings usually last two hours, and I often have no one to consult with or coordinate with. Similar to collaborative practice, I produce notes in between meetings. If my clients engage a coach, financial neutral, or child specialist, I may or may not get a report from the other professional. I design my notes to be helpful to clients when they consult with other professionals, and I will often set up a coordinating call with the consulting attorneys. I interact with clients very little between meetings, and may see the clients once or twice a month for several months. The price tag is lower, the support is less, and much depends on the individual mediator. Because mediation and collaborative practice overlap in their goals and values, clients and even professionals can have difficulty distinguishing the models. Professionals in a collaborative process are functional mediators; mediation can be practiced by collaboratively trained professionals. Yet these models are difficult to square with each other in terms of tasks and roles. We have further complicated the landscape by creating “collaborative mediation.” While one person might know what that means, two people do not, as there is no commonly shared definition. Some say “collaborative mediation” is duplicative, undefined, and confusing; others say it is efficient, sensible, and needed. And so the exploration continues. In our meeting, we are going to be scientists, carefully observing snippets of a “collaborative mediation.” The model is not a recommendation. I’ve never used this model, and don’t know of anyone else who has, either. There are elements of this model that are familiar to me, and may be familiar to you, as well. The model is presented to explore to spaces between collaborative practice and mediation, where we might find new ways of providing services to families. We will gather our observations from two role plays, to generate theories of what collaborative mediation is. What does it provide that is similar to or in contrast with our current experience of collaborative practice? And what does it reveal as the nature of collaboration generally?
Meet Willow and Henry
Willow Willow was valedictorian of her high school class. She wasn’t the most charismatic, and she wasn’t even the smartest. But she was the most driven, and she had her family’s encouragement to sit in the front row, ask questions in class, get help from her teachers after school, and hire tutors. In college, she was pre-med all the way. So what if she didn’t know the names of many people in the dining hall; the librarians knew her name. She made it through organic chemistry by the skin of her teeth, and that was good enough. Halfway through college, her mom was diagnosed with an aggressive breast cancer. It was touch and go for a while, and Willow researched on her mom’s condition extensively to understand the medical reports and test results. She was her mother’s best support, spending long hours on the weekends discussing her mother’s care. Her mother entered remission after a year of invasive treatments, and Willow returned her focus to her studies. Medical school was a slog, but she kept pushing. She made it through and got her first pick of residencies—she was bound for gynecological oncology. Her mother’s cancer returned halfway through, and Willow reached out to experts in the field to better understand the suitability, success rates, and drawbacks of various treatments. Six months into Willow’s residency, her mother passed away. For the first time, work was not enough of a companion. Willow started a new research project—finding a boyfriend. She went on Hinge (not awesome), Bumble (that app was named well), OkCupid (worth the price), and was ready to give up when her synagogue hosted a speed dating event. Henry was the fourth person she met, and she instantly felt she had known him all her life. He was relaxed where she was anxious, flexible where she had to plan everything in advance. When they were together, she became a happier and more likeable person. She started to have friends, because he had friends who became their couple friends. Her life became the montage in the middle of a cheesy movie: drinks after work, brunches on Sundays, girls’ nights out, romantic birthdays. And best of all, Henry never complained when work went late or started early. If Willow had known this was how relationships went, she would have dated much sooner! Henry Henry’s teachers in high school gave him A’s and B’s, but reluctantly. They agreed that Henry was not living up to his potential, and that he enjoyed his classmates much more than his work. If only he would apply himself, they said, his natural leadership would improve the class experience for everyone. As it was, he was a distraction to his classmates and a pain in the *** for his teachers. Henry cared about their feedback as much as he cared about his schoolwork. Henry had many interests in college, none of them academic. He put a foosball table in his dorm room, and had a fridge specially sized to chill a keg. He spent his weekends either partying or foraging in the forests. He was a skilled mushroom hunter. His friends enjoyed the excitement of eating his mushroom souffles, which came with a soupçon of danger. Henry started selling real estate after college. A few weeks of haphazard study were enough for him to get his license. His natural affinity for numbers, combined with his easy charm, made it easy for him to get clients and close deals. His significant gym habit and carefully cultivated five o’clock-shadow didn’t hurt, either. Henry could not believe his luck when he met Willow. Wow, that woman was uptight. He played a game in his head on their dates. How quickly could he get her to start smiling? How long could he distract her from her watch? If she paid attention to the hour, their dates ended at 8:45 so she could be ready for the next day. It really worked for him that she had a promising career, and was determined to achieve high pay and high status. Henry didn’t care about going after those things himself, but they were perfect for having great vacations, with enough time and money in between for mushroom hunting and going out for drinks with the guys. He had plenty of friends to entertain him when Willow was working, and, if he was being completely honest, she was freakishly intense and he needed breaks from her. So, win-win-win! Henry and Willow Henry and Willow married after a whirlwind romance. Willow mapped out her rotations and career steps as she planned their family life. Fortunately, their two children arrived on schedule, and the pregnancies were textbook. Destiny was their first child, named in remembrance of Willow’s mother Deborah, and Samuel arrived two years later. Willow and Henry had always known Henry would take on more parenting responsibilities. They were not prepared for how hands-off Willow would be, and how devoted Henry would be as a stay-at-home dad. Henry fell in love with his children instantly, his connection to them orders of magnitude stronger than anything he had ever felt before. Henry gave up his realtor’s license and never looked back. When Willow was on call, Henry brought the children to the hospital cafeteria so that the kids could see their mom. He put the children in baby music classes, selected their preschools and elementary schools, paid the bills, and managed the house. The kids came to Henry for their scrapes, their hurt feelings, and their exciting new discoveries. Henry took pictures of the children regularly, and texted them to Willow so she could see what they were up to. Their Friday evening ritual was to enjoy a family meal, put the children to bed together, and relax while reviewing pictures of the children from the week. Henry was content to parent the children solo, free to do things in his own way and on his own schedule. The money was good enough that he could arrange for someone else to clean the house, and the family often ate dinner out of the grocery store deli. They hired out the yard work, and one year they even had a laundry service. Henry was a great vacation planner, and the family enjoyed a quarterly trip. If Willow couldn’t get away from work, Henry would take the kids on his own. Henry kept in regular contact with the other families in their PEPS groups, and he was the parent who organized play dates and family events once the children started school. Alison, another mom from school, was similarly inclined, and Henry and Alison were the unofficial event planners for the children’s schoolmates. Willow’s career progressed quickly, and she often felt sorry for her colleagues who were exhausted as they tried to be full-time parents and full-time oncologists. She would volunteer for extra committees that gave her more status and visibility, confident that Henry was taking excellent care of the children. After work, she sometimes went out with Henry and the kids on their endless trips to the zoo and the park, and sometimes she stayed home and enjoyed the quiet house. The children’s report cards delighted both parents: each child had lots of friends, and was a motivated learner. Destiny won the third-grade spelling bee, and Samuel was described as a natural caretaker of his classmates, looking out for the youngest and smallest in the group. Willow put the children’s report cards on the fridge, where she could admire them on her way out the door at 7 a.m. each morning. The montage in the cheesy movie ended abruptly one Friday. Willow had an unexpected afternoon free. She knew school ended at 3, and the children often enjoyed staying at the playground for an hour or two to start the weekend. She pulled into the school parking lot at 3:15, and hopped out of the car to look for her family. What she saw puzzled her. The children were there, but where was Henry? The children barely stopped their play to tell her that Alison’s nanny was watching them, and Daddy would be back in an hour. Willow sat on a park bench, and eventually Henry returned with Alison. Both looked slightly disheveled, and their expressions alarmed Willow. Were they grinning? Or grimacing? Or….
Willow's and Henry's Intake Forms
Questions After Role Play 1
Process Compare-and-Contrast Based on the intake materials and the clients’ introductions of themselves, how would you have advised these clients to proceed? Collaboratively? In mediation? What would you have wanted them to get in terms of services and coordination? Is that happening here? What do you think would have happened to them in mediation with a single mediator? What do you think would have happened to them in a collaborative setting? And what do you think is happening in the collaborative mediation? Holistic aspects of the Case What do you imagine Willow and Henry need to have a relationally durable settlement? To have a financially durable settlement? To have a settlement that gives them the legacy they want? And how would any process guide them in those directions?
Questions After Role Play 2
Process Compare-and-Contrast What do you think would have happened to Willow in mediation with a single mediator? What do you think would have happened to Willow in a collaborative setting? And what do you think is happening in the collaborative mediation? Holistic aspects of the Case Based on what you learned about Willow in the joint session, what would you have wanted for her afterwards? What would you have been concerned about after the joint session, for Henry, or Willow, or the children? Is that happening here? What do you expect the outcome of this case to be? And what do you imagine the future of this family to be?
