Best Practices
Our Institute is interested in studying the concept of best practices within the framework of Consensual Dispute Resolution (CDR). We view this topic through separate yet related channels: there are best practices for the interdisciplinary professionals who work in the field of CDR, and there are also best practices for those considering divorce.
For Professionals
Our Institute believes that it is important for CDR professionals to continually increase their skill level, develop an openness to new ideas/methodologies, work to foster a common language with team members and be open to constructive feedback. We at the Institute believe the ways of implementing the above goals are through attending regular trainings, creating standardized terminology/protocols, scheduling regular pre-brief and post-brief client meetings, and finding opportunities to observe experienced trainers in action.
Professional best practices are also about the continual monitoring of any divorce process to make sure that it remains consensual. Too often individuals choose CDR and then either intentionally or unconsciously treat the process like a less expensive litigation or what is termed, “litigation light.” We think that best practice is about keeping everyone’s intentions about the process, including the professionals, honest. And transitioning individuals divorcing out of CDR and into litigation if/when it becomes necessary.
For The Public
Our Institute believes there is a best practices mindset for anyone considering divorce. The 1st significant best practices step begins by considering what is termed “divorce options.” Broadly speaking there are CDR processes for divorce (i.e. collaborative divorce, mediation, hybrids of both), as well as litigation. Based on various factors, once the divorce path is determined the next step in best practices, if CDR is chosen, is to determine the best CDR process. Often an interdisciplinary professional- a family law attorney, a mental health professional, and/or a financial neutral- can assist with decisions.
Assuming a CDR process has been chosen, best practices would encourage the divorcing individual(s) to ask questions in meetings to clarify what is being said. And to listen to understand what their spouse/partner is saying before responding. Other aspects of best practices include being honest with your professional team about your own pacing/timing in the process, and communicating if you’re struggling with something so it can be addressed. A healthy synergy between professionals and clients would also be for the professional to assist you with all of this. Best practices are also about remembering that it is key to prioritize professional input/guidance over that of friends and family when going through a divorce; being cautious of advice from well-intentioned people who can create an unrealistic expectation about your individual situation.