Written by My Collaborative Team member, Jacinta Gallant.

Read Part 1: How To Attract Five Star Clients

Our firm has transitioned away from ALL court processes, but we still get enquiries from potential clients who are disappointed their former partner is not willing to mediate or collaborate.  Because of the preparation clients get from using the Our Family in Two Homes workbook, we can confidently commit to helping, with firm boundaries around what we will and will not do.  This is how we do it - and if this makes sense for your practice, feel free to adapt, adopt and let us know how it goes!

Our message to these clients goes like this:

How we can help:

We are an exclusively out-of-court law firm. After many years of balancing a court-based practice along with a mediation practice, we have determined that our talents are best focused on helping clients reach agreements they have a hand in designing – through mediation and collaboration. We want to work with you in a process that puts your family’s health first.

Sadly, this means that we cannot help everyone who contacts our dispute resolution law firm. If your former partner does not wish to mediate or does not choose collaborative practice, here are some ways we can still help you:

If your former partner is willing to receive a proposal for resolution, we can work with you to gather the necessary parenting and financial information and help you prepare a proposal. If this results in agreement, then we can draft the necessary documents. You will have the benefit of the Our Family In Two Homes workbook and no matter what the outcome, you will be better prepared to navigate your future in two homes. The starting cost of this process is $AMOUNT which includes 3 hours of lawyer time plus the workbook which helps you prepare. If you need more than 3 hours of lawyer time, we will work out the additional costs on an hourly basis. 

If your former partner is not willing to engage in productive discussions despite our efforts, then we will assist you to find a lawyer who still works within the court process.

If your former partner retains a lawyer who is willing to assist them in an out-of-court process utilizing the Our Family in Two Homes resources, then we can assist you and work with your former partner and their lawyer to find a resolution that works for your family. We can even reach out to your former partner’s lawyer and enquire if they are willing to work this way. (FYI - Many family lawyers are keen to collaborate.) If this doesn’t result in agreement (and it almost always does) then we will help you find a lawyer who can take the matter to court. 

It is very difficult to work effectively if both spouses are not willing to try to work out mutually acceptable terms of separation. We are very firm in our commitment to engage only in productive, out-of-court negotiations to try and work things out for you, and your family.

If you want to engage our “no court” services. please know we are very happy to help.

Sometimes this changes the reluctant spouse into a five star client!  

Example: A potential client with a reluctant spouse was disappointed and so she shared the email (above) with her spouse. Her spouse visited our website and changed his mind. The original client said this:

“My spouse seems to be on the same page now. I would like to proceed as I really believe in your values and process. I’m really hopeful we won’t need the courts. 

What I would like to propose is we initiate the mediation process with both of us. If after the phone call you have with him, he says to me that I should just do it then we will go to the individual process and get the proposal ready. I really want to do the Workbook and think through all the items that are impacted with your guidance.

I look forward to proceeding.”

So, stick to your commitment and keep your messaging consistent. Sometimes people will surprise you.