MCLC MEMBERSHIP STANDARDS FOR COLLABORATIVE PRACTITIONERS

Transcription

1 MCLC MEMBERSHIP STANDARDS FOR COLLABORATIVE PRACTITIONERS Adopted ; Amended GENERAL REQUIREMENTS: 1.1 The Collaborative practitioner is a member in good standing of Massachusetts Collaborative Law Council, Inc. 1.2 The Collaborative practitioner has completed at least twelve hours of basic interdisciplinary Collaborative training that, except for the number of hours required, meets IACP Minimum Standards for Basic Training. 1.3 Additional Training In order to grow and maintain Collaborative skills, in every two (2) year period subsequent to the first year of membership, members must complete at least three (3) hours of additional training as approved by the Council 1 and attend at least six (6) MCLC sponsored Practice Group meetings. The above training requirements shall become effective June 1, The Collaborative practitioner diligently strives, when engaged in Collaborative Practice, to practice in a manner consistent with the following: a. Massachusetts Collaborative Law Council Protocols for Best Collaborative Practice; and b. IACP Ethical Standards for Collaborative Practitioners. 1.5 It is strongly recommended that the collaborative practitioner receive more in-depth/advanced training in conflict resolution such as: a basic 30 hour course in facilitative conflict resolution, such as mediation training Advanced mediation training Advanced Collaborative training as well as continuing education as required by their particular licensing board Communication skills training 1 Approved through the Membership Committee or other Committee as designated by the Board

2 Sections 2-5 below are Standards for Collaborative professionals ( Professional Standards for Collaborative Practitioners ). Participants of a Collaborative matter who are core team members are expected to meet the Professional Standards for Collaborative Practitioners. A core team member is a lawyer, financial professional, mental health professional or coach, when engaged in Collaborative Practice. When forming Collaborative teams, it is recommended that Collaborative professionals and clients ascertain whether or not the professionals they are contemplating working with meet these Professional Standards. Deviations from these Standards should only be made with due consideration for the particular circumstances. 2. PROFESSIONAL STANDARDS FOR COLLABORATIVE FINANCIAL NEUTRAL ( CFN ) The following represent Professional Standards for CFN within the Massachusetts Collaborative Law Council, in order to practice as a CFN in the Collaborative process: In order to be able to assist clients with the wide range of financial implications of divorce, the CFN must have a good understanding of the financial planning process, as well as the implications associated with various financial decisions involved in the divorce process. The CFN must therefore hold one of the three following designations and be currently licensed in good standing: Certified Public Accountant (CPA) Certified Financial Planner (CFP) Chartered Financial Consultant (ChFC) B. PRACTICE IN FAMILY LAW For practice as a family law CFN, the practitioner must also demonstrate competence in addressing financial issues specific to couples in divorce through the acquisition of training such as can be obtained through the Certified Divorce Financial Analyst (CDFA) program or through the Certified Financial Divorce Practitioner (CFDP) program. The CFN shall maintain professional liability insurance covering acts,

3 performed by the CFN, or any person employed by the CFN, with a limit of not less than $1,000,000 each claim, $1,000,000 aggregate. become effective June 1, Until that time a CFN in order to practice as a CFN in the Collaborative Process shall maintain professional liability insurance covering acts, errors, mistakes, and omissions arising out of the work or services performed by the CFN, or any person employed by the CFN. 3. PROFESSIONAL STANDARDS FOR COLLABORATIVE FAMILY LAW COACH/FACILITATOR AND CHILD SPECIALIST ( CFCF/CS ) The following represent Professional Standards in order to practice as a CFCF/CS in the Collaborative process within the Massachusetts Collaborative Law Council: In Family Law cases, a CFCF/CS is a licensed mental health professional in good standing in one of the following: Licensed Independent Clinical Social Work (LICSW) Licensed Marriage and Family Therapist (LMFT) Licensed and Board Certified Psychiatrist Licensed Clinical Psychologists (Ed.D., Ph.D., Psy. D.) Licensed Masters level Psychiatric Nurses Licensed Mental Health Counselors B. TRAINING The CFCF/CS should also have clinical training and experience in individual, couples and family therapy with supervision, along with group theory and practice. Additionally, the CFCF/CS should be trained in diagnostic assessment, child development, family systems, parenting issues, the psychological effects of divorce, domestic violence, substance abuse, confidentiality and related ethical issues, as well as emergency psychiatric care. The CFCF/CS shall maintain professional liability insurance covering acts, performed by the CFCF/CS, or any person employed by the CFCF/CS, with a limit of not less than $1,000,000 each claim, $1,000,000 aggregate.

4 become effective June 1, Until that time a CFCF/CS in order to practice as a CFCF/CS in the Collaborative Process shall maintain professional liability insurance covering acts, errors, mistakes, and omissions arising out of the work or services performed by the CFCF/CS, or any person employed by the CFCF/CS. 4. PROFESSIONAL STANDARDS FOR COLLABORATIVE ATTORNEY ( CA ) The following represent Professional Standards for a CA within the Massachusetts Collaborative Law Council, in order to practice as an attorney in the Collaborative process: a. The CA must be currently licensed as a lawyer in good standing in each jurisdiction in which he or she is licensed to practice law as an attorney and B. PROFESSIONAL LIABILITY INSURANCE The CA shall maintain professional liability insurance covering acts, errors, mistakes, and omissions arising out of the work or services performed by the CA, or any person employed by the CA, with a limit of not less than $500,000 each claim, $1,000,000 aggregate. become effective June 1, Until that time a CA in order to practice as an attorney in the Collaborative Process shall maintain professional liability insurance covering acts, errors, mistakes, and omissions arising out of the work or services performed by the CA, or any person employed by the CA. 5. PROFESSIONAL STANDARDS FOR COLLABORATIVE CIVIL COACH- FACILITATORS ( CCCF ) The role and use of the CCCF is currently emerging in civil disputes. Notwithstanding the current fluidity of this role, the following represent Professional Standards for CCCF within the Massachusetts Collaborative Law Council:

5 Basic mediation training of at least 30 hours 2 and; Certified graduate of an International Coach Federation Accredited Coach Training Program (ACTP) 3 or comparable business coaching experience B. TRAINING The CCCF may also have ongoing trainings and skills in related areas, such as Non-Violent Communication, Emotional Intelligence, systems training, facilitation training and negotiation training. The CCCF shall maintain professional liability insurance covering acts, performed by the CCCF, or any person employed by the CCCF, with a limit of not less than $1,000,000 each claim, $1,000,000 aggregate. become effective June 1, Until that time a CCCF in order to practice as a CCCF in the Collaborative Process shall maintain professional liability insurance covering acts, errors, mistakes, and omissions arising out of the work or services performed by the CCCF, or any person employed by the CCCF. 2 towards skills of holding neutrality; identifying needs and interests; options-generating skills; reframing skills 3 towards listening, intuition, curiosity, self-management, forwarding the action skills; identifying values; remaining future-focused; setting SMART goals; holding accountability; managing emotions