Collaborative Law Comes to the Military-Industrial Complex!

Written by: Mary S. Pence

An article starting on the front page of the Washington Post for January 8th stated that President Obama and the leaders of the branches of the US military, the National Security Council and the Secretary of Defense utilized “an astonishingly open and positive collaborative process” to arrive at agreement as to the “size, scope and mission of the armed forces in a new age of austerity.”  This agreement with the country’s military leaders puts the President in a strong position when his defense budget goes to Congress.

President Obama’s process has many areas of commonality with the Collaborative process we Collaborative practitioners use with divorcing couples and other parties seeking an effective process to assist them in resolving their issues.  First, experienced parties on both sides, particularly Secretary of Defense Leon Panetta and National Security Advisor Thomas Donilon, structured and guided the process.  The group sat around a set of tables arranged in a square.  The group identified a common goal (to ensure that cuts in military spending would remain consistent with the country’s changing national security priorities and to build a strategic rational to defend those choices to Congress), and then identified choices (read  “options”) that addressed the goal.  The meetings continued, with choices being generated and evaluated until buy-in was achieved and consensus was reached.  It was apparent that Secretary of Defense Panetta, in particular and in contrast to his predecessors, was able to let go of the outcome and to strive instead for consensus.  “Panetta has been very collaborative,” a senior military officer said.

Perhaps there is hope for our country if Collaboration has reached even this entrenched part of our national decision-making process.