A Collaborative Professional will respect each client’s self-determination, recognizing that ultimately the clients are responsible for making the decisions that resolve their issues. 

That is Standard 3.2A of the IACP Standards and Ethics and serves as the bedrock of all we do in the Collaborative Process. What happens when that Standard gets in the way of the professional’s ability to abide by Standards 3.3 relating to Good Faith Negotiations?

Standard 3.3 requires the professionals to act in good faith in all negotiations and in the Collaborative Process. Good faith negotiation requires that each client and professional takes a thoughtful and constructive approach on all unresolved questions in the interest of reaching agreements.

But what happens when one of the clients wishes to ignore the law? Does that client’s attorney respect their client’s self-determination or do they have a responsibility to steer them towards the law to achieve good faith in their negotiations. Does the attorney’s responsibility go beyond just educating the client about the law and how their interests don’t align with the law and may become an impediment to settlement? 

Where do we draw the line between advocacy and good faith? Join us tomorrow, THURSDAY at 4:30 p.m. Eastern for Happy Hour as we continue this discussion.