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

I am often asked for tips on what it takes to have a successful Collaborative matter.  Here are my top three.

Tip #1 – TEAMWORK, TEAMWORK, TEAMWORK

Working as a team is the #1 blueprint for a successful case.  Have a pre-brief before starting your case and before each meeting.  Have a de-brief after each session too.  The first pre-brief before starting the case should be to set the ground rules for the team and to learn how everyone likes to do things.  I had one last night in which we agreed, do to sensitivities in the case, to not use our pens but use our mouths.  No letter writing, no emails about substantive matters.  Everything of substance should be handled over the phone.  Pre-briefs before meetings should be used to set the tone of the meeting and de-briefs to discuss what went well and what didn’t.

And most importantly, when in doubt, consult the team.

Tip #2 – ATTORNEYS – TRUST YOUR NEUTRALS AND ALLOW THEM TO DO THEIR JOB

My friend Charlie Jamieson describes it this way, “The role of the attorney is to keep their client in the Process while the neutrals do their job.”

Make sure you set realistic expectations for your client both as to the outcome and as to how the Process works.  Help manage your client’s behavior and make the other client feel safe in the Process.

Tip #3 – PROFESSIONALS CONTROL THE PROCESS, CLIENTS CONTROL THE OUTCOME

As Collaborative Professionals we spend many hours getting trained in the Collaborative Process.  The clients are going through a traumatic experience.  Many want to grasp control of their life and in turn, the Process.  Allowing that to happen will be disastrous to your case.  We, the trained professionals, must control the Process.  The clients will ultimately appreciate the results and should ultimately control the outcome.