The Emerging Phenomenon of Collaborative Family Law (CFL): A Qualitative Study of CFL Cases

APPENDIX B
MID-POINT INTERVIEW QUESTIONS

 Lawyers

  1.  General check-in (tell me how things are going with this collaborative case).

  2.  What has it meant to be an advocate for your client so far in this case?

  3.  How many four-ways have you had now (and any six-ways)?

  4.  Can you comment generally on the dynamics and climate of those sessions?

  5.  What is the approximate ratio of lawyer talk to client talk in those sessions? In the most recent session?

  6.  To what extent are you using integrative, problem-solving approaches in this CFL case? To what extent is there any falling back on positional negotiation styles in this case? How far are your discussions and any potential solutions being canvassed at this stage interests-based rather than rights-driven?

  7.  What is the impact of the "shadow of the law" in these collaborative negotiations?

  8.  Have you encountered any tension between the commitment to disclosure and client-centered advocacy so far in this case? If yes, what was this and how did you resolve it?

  9.  At this point, how would you define a successful outcome? How optimistic are you that this will be achieved here?

  10.  Have you encountered any ethical issues (please define, as you will, as something about the case and its progress that caused you a dilemma in terms of how to act honourably and ethically) thus far in this case? If yes, what were these issue(s) and how have you resolved them?

  11.  If you are working with other professionals, can you describe what role non-lawyer professionals (therapists, coaches, financial planners, child specialists) have played so far in this case? Has this raised any issues for you as the legal counsel?

  12.  Is there anything about the CFL process that raises concerns for you so far in relation to this case?

  Clients

  1.  General check in "tell me how things are going for you with the collaborative process".

  2.  How is your relationship with your spouse at this time? Has it changed since (we) last spoke? Has the CFL process contributed to this in any way and, if so, how?

  3.  How would you describe your working relationship with your lawyer? Are you happy with your level of input into the management of your case and your role in the process? Would you prefer this to be more or less than it presently is?

  4.  Are you getting any sense of satisfaction or control from your role in this process? What does that feel like?

  5.  How optimistic are you that your issues with your spouse will be resolved using the collaborative process (rather than going to court)?

  6.  Have there been any particularly difficult or tense moments in the four-ways so far? Could you describe these and what happened? Were you satisfied with your lawyer's response?

  7.  What is the approximate ratio of lawyer talk to client talk in those sessions? In the most recent session?

  8.  If you are working with other professionals, can you describe how they have contributed to the process and to your satisfaction with the process so far?

  9.  Are you satisfied that both sides are acting honourably in relation to open disclosure?

  10.  Do you feel confident and secure that your lawyer is your advocate in this process?

  11.  Is the process proceeding in a timely manner?

  12.  Is there anything else about the process you don't like so far? Anything you would like to happen differently?

  Other Collaborative Professionals

  1.  General check-in (tell me how things are going with this collaborative case).

  2.  Can you comment generally on the dynamics and climate of those sessions?

  3.  At this point, how would you define a successful outcome? How optimistic are you that this will be achieved here?

  4.  Please describe the relationship between yourself and the other collaborative professionals working on this case.

  5.  Is there anything about the CFL process that raises concerns for you so far in relation to this case?

  6.  Any other comments at this stage?


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