Is this a Collaborative Matter?

Is this a Collaborative Matter?

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

Jim Jacobs contacts a Collaborative financial neutral.  Jim and his wife Janet have heard of the Collaborative Process but have a pretty good idea of how they would like to handle their divorce settlement.  They would like the financial neutral to guide them through the information and help them come to agreement on financial issues.  The financial neutral suggests to Jim and Janet that they simultaneously begin working with a Collaborative family specialist (coach, mhp, facilitator) on the parenting plan for their two children.

Both neutrals are retained under engagement letters that provide for all the standards of a Collaborative engagement including a disqualification clause. 

Jim and Janet work with the neutrals and after about six weeks, they complete the parenting plan and come to agreement on a financial settlement.

At this point, at the strong recommendation of the neutrals, Jim and Janet hire two Collaborative attorneys.  The attorneys are retained, and a Collaborative Participation Agreement is signed.  The attorneys are asked to review the parenting plan and the financial agreement and to prepare the final CMSA and court pleadings.  The entire team met once and a few issues that were raised from the review of both attorneys were discussed and settled.  The agreement was signed.

Technically, because a Participation Agreement was signed and the case settled, we have a completed Collaborative matter.  But was this a Collaborative matter?

And what are your thoughts about this process?

3 Responses

  1. I feel it is a collaborative matter. Sometimes it benefits the clients to meet with the neutrals first subject to the collaborative attorneys approval of any agreements before signature.

  2. I truly believe that this is a collaborative case.
    This is what I believe Woody was talking about at the Conference.

  3. Of course! Wonderful! No one’s going to court! High paradigm shift is potentially there perhaps more than in some classic 4-ways!

    Luv ya,

    Stu