Network
About the Eclipse® Collaborative
Practice System
The Eclipse®
Collaborative Practice System or CPS is a tool for collaborative
family law
attorneys
and other professionals. It helps attorneys shift away from
the
practices and procedures of the adversarial system of litigation in the
courts
as it enables clinicians and other professionals effectively and
efficiently
participate in the collaborative process. It
organizes
all useful and necessary information in a new format, keeps everyone
‘on
the same page', and keeps the process moving at the pace best suited to
the
spouses.
The Eclipse®
CPS is an Internet based tool. It
requires
those
that use it to be able to be on the phone and on the Internet at the
same
time.
The Eclipse®
CPS does not impose
any particular outline or
structure
on
the spouses, the professionals who are assisting them or the case
itself.
The Eclipse®
CPS works equally
well in any jurisdiction.
The Eclipse®
CPS is
secure. Access to client
specific
information
requires not only a user name and password but a unique case specific
password
as well.
How the Eclipse®
CPS works [This
description is a poor
substitute for
experiencing the Eclipse®
CPS
in action. A demonstration can be arranged – without cost – by
calling
1-920-684-7739 between 8:00 AM and Noon and 1:00 and 3:30 PM central
time.]
The decision to use the Eclipse®
CPS is up to the
attorneys involved in the
specific
collaborative
family law case.
To open an Eclipse®
CPS case file, the
attorney’s individually
contact the
Advocates
Network (1-920-684-7739). A few bits of identifying
information
are provided and the attorneys receive a case specific, randomly
generated
8 digit password. This password is good for however long
the
case takes.
The attorneys alone decide with
whom
to share the case specific password. It is anticipated that
they
will share it with any clinician assisting either spouse, the child
advocate
and other collaborative professionals as they, in their discretion,
decide
is in the best interest of the clients.
Anyone with a user name and
password
and a case specific password can access the Eclipse®
CPS case specific
file at any time.
This
allows
any collaborating professional to access the Eclipse®
CPS file to bring
themselves immediately up to
date.
Upon initial creation of an Eclipse®
CPS case specific
file, the contact information
for the
parties
and the professionals is added. This ‘page’ (an
internet
page – more than the equivalent of a single piece of paper) can
be
amended at any time. It also contains case specific ‘utility’
information,
such as the best time of the day to reach parties and the like.
Anyone
with the necessary passwords can write to the information page.
The next ‘page’ of the Eclipse®
CPS is called the P.R.I.
or Potentially
Relevant Information page.
This refers
to collaboratively relevant as well as legally relevant
Information.
- The format of this page is that of a dynamic outline - one that
can
be easily restructured and where specific items or points can be moved
up
or down, left or right. The PRI is where the
professionals work
together
- On this page, working together – on the phone or in person – the
professionals
build a common outline of what is important and relevant to the
collaborative
resolution for these specific spouses.
- On the P.R.I. (as well as the Case Critical
Path
– or C.C.P. – page, below) only the attorneys have ‘write’
authority.
While any party with the passwords can read this page, only the
attorneys
can create or modify it.
The next component of thEclipse®
CPS is the Case
Critical
Path
or C.C.P. ‘page’ On this page the attorneys, with the
consultation
of the other collaborative professionals, build the Case Critical Path
–
creating the sequence of events and procedures that in their
professional
judgment, each mindful of the needs of their individual client, is most
likely
to result in the collaborative resolution of the issues facing the
spouses.
- The format of the C.C.P. is likewise a flexible and
dynamic
outline. Specific points can be added, edited or deleted as often
as
beneficial. If the P.R.I. contains the unique
situational
factors that must be considered, the C.C.P. is the ‘game plan’
on
how they will be considered.
- This is a good place to develop the agenda for 4-way meetings.
The final component of the Eclipse®
CPS is a case
specific calendar. This
part of
the Eclipse®
CPS ‘tool’ is where the
professionals both document
progress
already made and commit to progress to be made in the specific case.
- This calendar is not intended to replace any calendar or event
tracking
system in any user’s office. It is a way of visualizing and
managing
the time specific elements unique to the spouses.
General features of the Eclipse®
CPS
- Any page can be printed. This can be done for archive
(although
saving the pages to a disc as they are created or amended saves time
and
paper) or other purposes.
- By the simple act of sharing the password it is possible to enjoy
the
benefit of a ‘collaborative mentor’ or experienced attorney to help
those
making the transition to collaborative practice.
Why the Eclipse® CPS
works.
- For attorneys, the methods and procedures of adversarial,
litigation-based
divorce have been ingrained by both education and
experience.
Collaborative attorneys realize that the litigation based divorce
‘model’
has become too adversarial – and expensive – for many clients, that it
presents
too great a risk to the children. But neither the
realization
that this ‘model’ is failing the majority of clients nor does the
commitment
to the collaborative alternative itself provides an efficient and
effective
alternative.
- The Eclipse® CPS
provides
an alternative ‘framework’ on which the attorneys and other
collaborative
professionals can use to make the collaborative process effective and
efficient
for the clients and satisfying for themselves.
- Attorneys who use the Eclipse®
CPS
already understand the law and regulation that underlie the
litigation
based adversarial system. Simply put, they already
know
the rules. The Eclipse®
CPS provides an
alternative system or
‘model’ within which
to apply these necessary rules in the best interest of their client.
- The ‘secret’ of the Eclipse®
CPS
is that it creates the opportunity and the mechanism by which the
attorneys
and other collaborative professionals to work together – in real time –
and
efficiently synthesize in an immediate and common format a ‘case plan’
unique
to the specific needs of the spouses. Collaboration
is
different from litigation in that in court there is the common
authority
of the judge either guiding – or guiding by implication – each step of
the
process. For collaboration to be satisfying and successful
to
both client and practitioner there must be a replacement for this
hierarchical
authority. This collaborative alternative is created by the
attorneys
with the advice and assistance of the other collaborative professional
as
they work together in the ‘cyber forum’ called the Eclipse®
CPS.
This explanation is no substitute for experiencing the Eclipse®
CPS for
yourself.
Frequently Asked Questions
What is
Eclipse® all about?
The Eclipse®
Collaborative Practice System
is principally about facilitating two important components of
collaborative practice: transition and efficiency.
- Transition refers to the
evolution from the litigation based adversarial way of doing things to
the practices, procedures and presumptions that make collaboration so
beneficial.
- Efficiency refers to the
communications and relationships between the collaborative
professionals that enable the process to be personally and economically
satisfying for client and professional alike.
What does the
Eclipse® CPS
do?
The
attorneys, clinicians and other
professionals who have committed themselves to the collaborative family
law
movement have done so because they believe it to be a better, more
humane and
moral way to benefit others in the life transition called
divorce. But
that still leaves the task of leaving old ways and relationships behind
and
replacing them with those that make collaboration
work. The
Eclipse® CPS is driven
by the internal and external changes
that make a collaborative practice successful.
Internal (Between the collaborative
professionals within a case)
- Professional relationship, encouragement
and development. This refers to the means and manner by
which collaborative professionals relate to each other. The Eclipse® CPS creates an environment of
substantive equality where each professional lends their skill to the
process.
- Synergy. The creativity that
benefits the family being served comes from the cooperative interaction
of the professionals involved. The Eclipse® CPS provides
the 'cyber forum' where this synergistic interaction can take place.
- Information Management.
Call it "data overload" or "information chaos", it is a growing problem
in our practices. Without a case specific information managmeent
tool, the additional resources that the collaborative family law
process provides can easily increase "information traffice" rather than
provide the simplifcation and organization that benefits all.
External (Between
colalborative professionals collectively and the public)
- Education. The Eclipse® CPS is
designed to support the necessary public education that makes the
colalborative alternative a meaningful choice for those facing divorce.
- Encouragement. Studies show
that divorce is the second most stressful life transition - ahead of
getting fired to being diagnosed with a serious illness. The more
a spouse's family, friends and coworkers know of the benefits of
collaboration, the more they can support and encourage its choice.
How does the Eclipse® CPS pull this off?
Because it is a relationship tool, the Eclipse®
CPS is better
experienced than explained. (These aren’t
the ‘weasel words’ they
seem. When we demonstrate the Eclipse®
CLS, we’re
both on the phone and the web at the same time. We
and the
person with whom we’re sharing the system have both been involved in
real life
family law cases. It is this common experience that allows people
to
understand how Eclipse® will improve real-life
client and
case related activities, not in theory but in the day to day realities
of
divorce related practice.) That
said,
Eclipse®
CPS
provides something that might be described as a case
specific ‘cyber forum’ – a secure place on the internet where those
helping the
divorcing couple can share information, understanding and ideas and
jointly
plan and manage the collaborative divorce process. Clearly, there
are
ways of doing this without the Internet – Eclipse®
CPS
just
brings the communications efficiency of the Internet to the service of
collaborative family practice for attorneys, clinicians and other
professionals.
Specifically, the Eclipse®
CPS organizes the
collaborative divorce
process. It contains elements that
- Allows
you and your colleagues to each post
‘notes’ to the file and contains a feature that lets you know
immediately which
notes you have already read.Provides a
‘place’ for all collaborative
professionals to share and develop any and all the observations and
insights
that promote the collaborative process. They can do this in
concert
(two or more on line and on the phone together) or individually.
- Provides
a place for the collaborative
professionals to develop and share a common case plan. This
is
perhaps the greatest change from adversarial practice – where the goal
has
always been to impose the case plan most favorable to your client’s
position on
the other spouse. The common understanding of the issues
and the
shared plan to address them is at the heart of the benefits Eclipse®
delivers.
- Provides
a case specific calendar.
Unlike your office calendar, where you track and manage the many
responsibilities of multiple cases, this calendar tracks and
coordinates the
activities of the professionals – and the circumstances of the clients
–
related to this one case. It is a powerful tool in
coordinating
your efforts with your collaborative colleagues.
- Reduces
telephone tag. Eclipse® CPS allows
professionals to either post to or retrieve from the
case specific file
the information that makes the case more efficient. Rather than
interrupt
a colleague with a phone call – or hope they read your e-mail, you can
post
information to the Eclipse®
CPS
file for their review when they
most benefit from having that piece of information.
- It keeps everyone up to date. For example – a
client calls: with a couple of clicks with the mouse, you can review
what has
transpired with the other collaborative professionals in the case in
seconds –
and be fully up to date when you take the call.
Is
the
Eclipse®
CPS
some sort of divorce case managment software?
No, the Eclipse®
Collaborative Practice System is better analogized as a ‘Cyber Forum’;
an electronic
‘place’ that
facilitates the special way collaborative work gets
done. The
Eclipse® CPS does not
replace the collaborative practices or
procedures of your office, practice group and/or jurisdiction.
Is the
Eclipse®
CPS
hard to learn?
No, if you can access a web site and type, you
have all the skills necessary. However, unlike case related work
during
those late nights alone at the office, Eclipse®
CPS is a
relationship construction and support tool. This means that
it is
designed to help you work together, rather than alone. This means
that
you and the folks you’re collaborating with will all benefit from some
common
understandings of how to best apply Eclipse® CPS in your
jurisdiction.
This is where some training – or in a way unique to the Eclipse®
CPS –
collaborative mentoring, comes in handy. These
‘protocols’
are up to the members of your group.
What hardware and/or software do I have
to buy?
Ideally, you should be able to be on the telephone
and the Internet at the same time. If you already can do this,
you already have everything you need and there is nothing else to buy.
How secure is Eclipse®
CPS
We
were concerned about this issue and security was designed into the Eclipse®
CPS
software from the beginning. First, there is the
requirement of a
user name and password simply to get to that portion of the Website
where
Eclipse® CPS is
hosted. There are systems in place to
control and regulate who gets a user name and password.
Next, there
is a secure case specific password provided only to those professionals
engaged
in the case.
We like to say that anything posted to an Eclipse®
CPS case
file is more secure then it would be in a file locked in your car.
Why the name "Eclipse"?
The words that normally describe the
collaborative process are not subject to being legally protected and
thus
anyone can use them, qualified or not. For example, a recent
survey
showed that 1/3 of the time the word ‘Collaborative’ appeared in the
Yellow
Pages under ‘Attorneys’ the lawyer or firm was not a member of any
collaborative
practice group. We were able to register ‘Eclipse’ as
a
federal trademark. This allows us to make sure it is only used by
those
who deliver competent and honorable collaborative family law
services.
(We do this by trusting the members of local practice groups to police
themselves.)
What's the story on the "Advocates Network"?
While it is a properly organized non-stock,
not-for-profit Wisconsin corporation, the Advocates Network is simply
the
universe of those who have the user name and password necessary to
access the
Eclipse® CPS over the
Internet. AdNet serves two
primary purposes –
- Supports
and maintains the Internet based Eclipse®
CPS
software and sites.
- Provides
training, support and administration for the professionals who use the
system.
Is the Advocates Network a practice
group?
- In
that all members have some professional
relationship to the services that make collaborative family law
successful,
most by providing services directly to clients .
- In
that it leaves the details of how to best
provide collaborative services to the wisdom and experience of the
membership
of jurisdictionally specific groups. AdNet has no ‘rules’
on how to
go about collaborative inter-professional relationships or practice; it
is mostly
about providing the tools that any collaborative practice group can use
to
benefit its members and their clients.
So where does the money come from?
Right now,
everything is being subsidized.
The AdNet bylaws provide that there will never be membership dues nor a
cost to
obtain the user name and password necessary to use the Eclipse®
CPS – so as not to
compete with jurisdictionally specific
practice
groups. Eventually there will be a case license fee charged to
the
attorneys (expected to be passed back to the clients as a cost of the
case)
that will make AdNet financially self-sustaining
