Written by My Collaborative Team President Edward S. Sachs

Our Happy Hour conversations often turn to the IACP Ethical Standards for answers to questions being raised about case situations.  Many of those spirited discussions have been around the question of materiality.  IACP Ethical Standard 3.1A requires full and affirmative disclosure of all material information whether or not requested.  So, what is material?  What did the writers of the Standards have in mind as the definition of material?

If one of the Collaborative attorneys contacts the neutral mental health professional and requests that the MHP meet with that attorney’s client to determine if, in the MHP’s opinion, the client is capable of understanding the financial aspects of the matter.  The attorney is not looking for a diagnosis.  The MHP meets with the client and informs the attorney that the client seems fine.

Is that information material?  Must the MHP disclose this information to the other side?

Another ethical topic that often comes up seems to be what role a neutral can have after the conclusion of a successful collaborative matter.  If the clients need a recalculation of alimony or child support, can they just come back to the financial neutral without involving other members of the team?  If they need help making adjustments to their parenting plan, can they just consult with the Collaborative coach/facilitator/mhp?

Join us this Friday for a special Happy Hour with Diane Diel, one of the authors of the updated Ethical Standards as I ask her “What were you thinking?” when they wrote certain sections of those Standards.  Help us answer those questions like “What is Material?”

Happy Hour is every Friday at 4:30 p.m. Eastern.  Join us!