Written by My Collaborative Team Marketing President, Edward S. Sachs

I have several Collaborative matters that are “stuck in the mud” of preparing the Collaborative Marital Settlement Agreement.  In two of those cases we reached settlement weeks ago and the attorneys are still in the process of preparing the CMSA.  During that time, issues have arisen.

In one case, the wife agreed to buy the husband out of their marital residence (currently being rented).  However now, during the weeks of preparation of the CMSA, the house’s air conditioning has died.  Who should pay for the repairs?  Until we can settle this issue, we can’t sign the agreement.

In another case, the parties are retired and worth over $22 million.  We reached a settlement in which the wife would receive $11.5 million.  By the time the CMSA was completed several weeks later, the stock market had taken a dive and now the marital estate was only worth about $20 million.  The wife was no longer receiving $11.5 million and this caused a huge problem.

How do we streamline so that the preparing of the CMSA is not the cause for a breakdown in the process?

First thing is to discuss in your initial team pre-brief as you start the case who is going to start drafting the CMSA.  

Consider starting the draft of the agreement immediately after the first team meeting.  So much is boiler plate.  Then, as the various components of settlement are discussed add them to the agreement.  It should be a working document throughout the process.

Finally, consider scheduling your final team meeting within a week of settlement for the purpose of reviewing and finalizing the CMSA.  

Keep in mind throughout the Collaborative Process that idle time leaves the door open to trouble.  Keep the Process moving to avoid down time.

As always, your thoughts are welcome!