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®CP
S 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®CP
S 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®CP
S 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 ®CP
S is a case specific calendar. This part of the
Eclipse ®CP
S ‘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® C
PS 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® C
PS 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®C P
S 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®CP
S.
This explanation is no substitute for experiencing the
Eclipse®CP
S for yourself.
Frequently Asked Questions
What is Eclipse®
all about?
The Eclipse
®Collaborative Practice
Systemis 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®C P
S 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®
CP
S 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®
CP
S 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
® C
PS
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®
CP
S 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®
CP
S pull this off?
Because it is a relationship tool,
the Eclipse®
CP
S 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®
CP
S o
rganizes 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®
CP
S 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®
CP
S does not replace the collaborative practices or procedures of your
office, practice group and/or jurisdiction.
Is
the
Eclipse®
CP
S 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 ®
C P
S – 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®
CP
S
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®
CP
S over the Internet. AdNet serves two primary purposes
–
- Supports
and maintains the Internet based
Eclipse® CP
S
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®
CP
S – 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