Written by My Collaborative Team President, Edward S. Sachs ACP
So, you just convinced your new client to go Collaborative. The other spouse is not represented. How do you convince the other spouse to also go Collaborative? Send him or her a letter? Let the spouse who has hired you handle the sale? Send home a brochure with a list of attorneys?
Consider having your new client bring their spouse in to meet with you. Conflict of interest. If you have them sign a waiver and all you do is discuss the Process and not give legal advice I believe you are covered. I know attorneys around the State of Florida are doing this. Maybe bring a Neutral to this meeting to provide you cover and to handle the Process explanation.
Here is another novel way to sell the other side. Send the parties to a NEUTRAL. If the case appears to be financial in nature then send them to me, or one of my capable counterparts, and let us convince them. I will meet with potential clients anytime, anywhere. And the initial consultation to discuss the Process only is free. If your case is laden with child issues, or doesn’t have financial issues, send the parties to a Neutral Facilitator. Let them sell the two parties on the Process.
Mr. Sachs,
I appreciate your passion for the collaborative process.
I share this passion for assisting divorcing clients in coming to their own decisions
for ending their marriage and doing so outside of the inefficient court system.
As a collaborative neutral (I work both as a Financial Neutral and Neutral Facilitator),
I have met with clients to discuss their process options.
I strongly disagree with the idea that we should “convince” or “sell” the collaborative process.
To do so is to impose our values (it is NOT our divorce) on others.
Our role should be one of explaining process options, and objectively exploring the advantages and disadvantages of each option. The decision should rest with the clients, based on the concept of our
facilitating informed decision making, an early step in which is determining the process that will work best for the couple. For me, that is far more consistent with the role of a neutral. Thank you for the opportunity to comment.