Law Times

PAGE 12 FOCUS April 19, 2010 • lAw Times Assessing the benefits of 'interdisciplinarity' BY JUDY VAN RHIJN For Law Times and mediators reach out to other professionals through a team approach that off ers hope for early and appropriate resolu- tions. Nevertheless, the practice requires careful preparation and clever handling. Richard Shields, a lawyer, T mediator, arbitrator, and trainer whose practice is centred in the Hamilton and the Greater To- ronto areas, believes that interdis- ciplinary practice, where teams of legal, mental health, and fi nan- cial professionals work together to resolve family disputes, is the most important development in both collaborative law and fam- ily mediation in recent years. He says while the practice of interdis- ciplinary teams has been in place for some time, it's not been as well known among all of these profes- sional groups as it is now. Paul Iacono, president of he walls of the legal pro- fession are coming down as lawyers, arbitrators, YorkStreet Dispute Resolution Group Inc., works with a panel of mediators that include repre- sentatives of other professions. For example, he has worked with doctors, accountants, apprais- ers, and engineers in a team ap- proach to insurance-related or business disputes. Th ey are all trained mediators in their own right. "I don't think it's vitally important that they are trained mediators, but it's helpful as a mediator to have access to their expertise," Iacono says. Shields agrees it's not neces- sary for the other professionals to be mediators as well. "Many mental health professionals have training as mediators, and some fi nancial professionals do as well," he says. "However, I am more interested initially in the subject matter expertise derived from their professional train- ing and experience. When they do not have mediation training, they may encounter an impasse in the course of working with our common clients. It is then that we need to come together to 'I work with professionals who are known to me, that I have confidence in, and they in me,' says Richard Shields. enable the person who is a media- tor to facilitate overcoming that impasse, whatever it might be." Shields describes a two-tiered process. "Th e whole team is not together all of the time. Mental health and fi nancial professionals may work alone with the parties on particular issues. My presence in those meetings would serve little purpose. If a problem emerg- es at this fi rst tier of interven- tion, we may decide to assemble the entire interdisciplinary team. At this second tier, either one of the participating lawyers or the mental health professional may serve as the facilitator." Th is interdisciplinary ap- proach diff ers from a multidisci- plinary setting in which lawyers have traditionally referred tasks out to other professionals. "In a lawyer-referral model, the other professionals more or less report to the instructing lawyer, who then uses their reports in nego- tiations with the other lawyer," Shields says. "Th e professionals who authored these reports will not necessarily attend the nego- tiations and, if they do, they may not be active participants. With interdisciplinary teams, all of the participating professionals are actively involved from the com- mencement of the proceedings." When Iacono he's always the one directing the traffi c. "Working co-mediates, with a co-mediator is tricky, so the people I pick have styles of me- diation that complement mine. In a multi-party case, you can divide up the caucus. I'll caucus with party 1 through to party 5 while the co-mediator caucuses with party 10 back to party 6. Th en we'll caucus with each oth- er. During our dialogue I'll know exactly where the case is going." To date, Shields has only co- mediated with mental health professionals but he believes the idea could include fi nancial pro- fessionals as well. He also fore- sees its application in negotiation settings other than collaborative law and mediation. Th e most important preparato- ry step involved in this approach is in the careful selection of the team. "All lawyers have connections with other professionals," Shields notes. "I work with professionals who are known to me, that I have confi - dence in, and they in me." But before an actual team Commercial Arbitration in Canada A Guide to Domestic and International Arbitrations J. Kenneth McEwan, Q.C. and Ludmila Barbara Herbst This resource addresses both the statutory and common law context within which international and domestic arbitrations are conducted. It considers issues arising from the interrelationship between arbitral and judicial proceedings, including the enforceability, severability and scope of arbitration clauses. Looseleaf & binder • $215 • Releases invoiced separately (1/yr) • P/C 0120030000 ISBN 0-88804-395-3 ADR/Mediation titles comes together, the lawyer has to obtain the client's support. "I talk about the approach right from the start," Shields says. "People ask if it is more expen- sive because there are more peo- ple involved. I respond by saying that if you use a single profes- sional with greater knowledge and skills on a particular matter than two lawyers with less com- petence and expertise on that subject, it will most likely be a less expensive process and you will more likely obtain a better outcome." If self-represented individuals Negotiation: The Art of Mutual Gains Bargaining, Second Edition David Corry and Courtenay Mercier No other book focuses on the negotiation aspect of collective bargaining from a co-operative mutual-gains perspective. Fully illustrated with practical and current examples, this resource analyzes and prescribes strategies, tactics and checklists for the benefit of both parties involved. Perfectbound • Approx. 210 pp. • April 2010 • $68 • P/C 0712010002 ISBN 978-0-088804-494-5 are faced with a team on the other side, they'll have to decide if they want to participate in the pro- cess. "If it is properly explained to them, and they see the possible benefi ts, they may well fi nd it more attractive, particularly if it appears to be a process less driv- en by the lawyer acting for their spouse or partner," Shields says. Sometimes, there are concerns Workplaces that Work A Guide to Conflict Management in Union and Non-Union Work Environments Blaine Donais This is the first-ever resource to provide a practical guide to dispute resolution in both the union and non-union workplace. It offers quantitative solutions to managing workplace conflict through tools such as the Testing Instrument for Fairness Systems and Fairness Cost Analysis Tool, that allow you to analyze your workplace and create a more effective workplace fairness system. Perfectbound with CD-ROM • 368 pp. • 2006 • $89 • P/C 0143010000 ISBN 0-88804-445-3 over conduct and confi dentiality. "We are all obliged to follow our professional codes of conduct," Shields notes. "Th e general rule is that when a communication between a cli- ent and his or her lawyer is made in the presence of another profes- sional, the lawyer-client privilege may be deemed to have been waived. Th is waiver will have to be explained to the client before he or she agrees to participate in this process. In the course of obtaining this informed consent, the lawyer will also explain to the client the benefi ts that may be re- alized with the participation of an interdisciplinary team." Interdisciplinary practice is For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. CA102 LT0419 CA102 (LT 1-2x4).indd 1 www.lawtimesnews.com 4/13/10 3:56:03 PM starting to attract attention in the wider legal community. Th e Law Commission of Ontario, for ex- ample, is funding research on the subject as part of its interest in access to family justice. Th e com- mission has identifi ed so-called "interdisciplinarity" as one of two large and complicated issues af- fecting the family justice system. Th e research seeks to discover the conditions necessary for Ontario family lawyers to collaborate eff ec- tively with other professionals in the fi elds of social work, psychol- ogy, psychiatry, family medicine, education, parenting co-ordina- tion, and fi nancial advising. LT

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