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

One of the biggest criticisms of the Collaborative Process by non-trained divorce attorneys is that the law is ignored. At the FACP conference, Jeff Weissman, a litigator and Collaborative attorney told us that in some of his Collaborative matters in which he began discussing the law, the dirty looks and responses he received from the other attorneys were a strong indication of this problem.

Is the law ignored in the Collaborative Process?

Absolutely not! The Collaborative Process is grounded by the principles of Interest Based Negotiations. That requires Collaborative professionals to help the clients understand their interests, goals, wants, fears and concerns before and while they negotiate. It requires the entire team to help build options for settlement, not positions.

In litigation, the law becomes a position. In the Collaborative Process the law is just one option in an interest-based negotiation.

As a financial neutral it would be near impossible for me to assist and educate the clients without the law as a guide or starting point. How do we begin building options for the division of assets without the starting point that the law tends to begin at 50/50? How do I begin discussions on alimony without educating the clients on the general parameters that come from the law regarding need and ability to pay?

Yes, the clients can choose to ignore the law. Remember, this is their Process and one of the keys to Collaborative is the clients’ right to self-determination. But our job is to make sure that they have a complete understanding of the information needed to make a sound decision. That information includes the law.

We need to work at changing this perception!