From the desk of My Collaborative Team President, Edward S. Sachs, ACP

One of the biggest concerns we hear from the skeptics is that if the Collaborative Process fails (which it rarely does) the clients have to hire new attorneys and start over.  That is NOT TRUE!!

Yes, the Collaborative Process has a disqualification clause which is the underpinning of the Process.  And yes, the clients must hire new Counsel.  But the case does not start over.

During the Collaborative Process much of the discovery has been completed.  The financial neutral has collected much, if not all, of the needed financial information.  The MHP neutral has worked towards completing a parenting plan which can still be utilized.  The clients have learned each other’s goals, interests and concerns that will help the next attorney better understand the case.  And if the case has failed, the clients and their successor attorneys have a better understanding of why it failed and can be more focused on the cause of failure.  In my most recent Collaborative failure (yes, I have had four out of over 100) the only issue that couldn’t be overcome in the Process was the value of the husband’s business.

In many failed Collaborative matters, a portion of the case may already be settled.  I know many cases already have a parenting plan completed at the time of failure.  I had a case in which the financial issues got settled and agreed to, but the children’s issues required court intervention.

So, let’s dispel the rumor that if a Collaborative matter fails, the clients must start over.