In part one of the series we discussed disclosure of information and advocacy in the Collaborative Process. Section 3.3 of the IACP Ethical Standards deals with Good Faith Negotiations. I find it interesting how this Standard was laid out. It opens with a pretty basic, kind of a “no-duh” statement that the professionals must act in good faith in all negotiations and in the Collaborative Process. However, it goes on to extend that obligation by the professionals to make sure the clients know it too.
Then it goes on to define what good faith negotiations require. There are four requirements, two requiring positive action and two defining wrong negative actions.
3.3 B.1. Each client and professional takes a thoughtful and constructive approach on all unresolved questions in the interest of reaching agreements.
This responsibility is on the entire team.
3.3 B.2. Each client and professional complies with the Participation Agreement and any other formal and informal agreements made in the Collaborative Process.
It is critical that this requirement includes informal agreements. Does that mean that something mentioned and agreed to in the minutes but not made into a formal agreement requires compliance?
Those are the two positive actions required. Now the two actions with negative connotations.
3.3 B.3 No client or professional takes advantage of inconsistencies, misunderstandings, miscalculations, omissions, or inaccurate assertions of fact, law or expert opinion.
If you don’t believe this one is important I invite you to read Rebecca Fischer’s blog from last week.
3.3 B.4 No client or professional threatens to undertake a Proceeding to coerce a particular outcome on an issue to be resolved by the Collaborative Process.
All four of these Standard requirements require prescribed behavior by the Clients, however they are not bound by these Standards. It is only the professionals as members of IACP. So what happens if a client is not in compliance with these Standards? The Collaborative Team must determine if they can continue the Process. The question must be answered whether good faith negotiations can continue with the breach that has occurred.
Next week I will conclude with Section 3.4 which provides Standards for Professional Teamwork. Don’t forget to come see me at the IACP Conference in October.
