Written by My Collaborative Team President Edward S. Sachs
One of the selling points to the Collaborative Process is that it usually takes much less time than litigation. Too often we give the clients the false sense that we can get this done at a faster pace than reality dictates.
What we must learn to tell our clients is that while Collaborative does move at a faster pace, we still must perform our due diligence. Much like a good cup of tea, we must allow the Process to steep.
When introducing myself to clients I tell them that my role is to educate them on everything financial that they will need to know and understand to make an informed decision. I will utilize my expertise to provide them with the ability to build options for settlement. How can I do that if I’m not given the opportunity to complete my work?
All too often I find that we are rushing to reach a conclusion before we are ready, just to appease the clients desire to “get it done!” This leads not to option-building and interest-based negotiations but to offers and counter offers that look more like positional negotiations. More importantly, it leads to mistakes and confusion which give the clients a sense of distrust for the professional team.
Section 3.2 of the Collaborative Ethical Standards requires us to respect each client’s self-determination, recognizing that ultimately the clients are responsible for making the decisions that resolve their issues. NOWHERE in our Standards does it say that the clients get to run the Process. This includes the speed at which the case gets driven.
We should not be driven by a fear that the clients will terminate the Process. If they think they can get it done quicker and easier in litigation, then that is their self-determination right. But we should not allow the Process to be controlled by their impatience and desire to control how things are done.
I often ask the clients if they board an airplane and immediately tell the pilot how to fly the plane. Do they tell their surgeon before a scheduled two-hour operation, I want this done in 30 minutes because I need to move on with my life. We are hired by the clients to guide them through the Collaborative Process. Let us do our jobs!
