Stages and tasks in a collaborative case
- Created on 31 March 2014
The First meeting with the client; Establish rapport with client, Explain collaborative law and the dispute resolution "menu", Achieve or confirm client "buy-in" to collaborative process and Elicit from client information about priorities and likely hot button.
- Lay foundation for good faith interest-based bargaining
- Confirm "contract" with highest-intentioned client
- Confirm understandings about "shadow client"
2. FIRST “PRE-MEETING” BETWEEN LAWYERS
- Establish rapport between collaborative counsel
- Ascertain and confirm shared procedural protocols
- (Especially agenda-management, conflict management, interest-based bargaining, information-sharing, withdrawal or termination for bad faith)
- Share information about client priorities without negotiating
- Share information about client hot buttons without advocating
- Confirm agenda-management understandings for first fourway
- Confirm documentation to be used
- Agree on first fourway agenda, location, duration
3. FIRST FOURWAY MEETING
- Confirm collectively the foundation and "container" understandings about the collaborative process, especially interest-based bargaining, respect, timing, agenda-management for success (delaying issues until competencies and confidence are developed), full disclosure.
- Invite statement of why each client selected Collaborative Law.
- Orientation to stages in collaborative process and divorce process
- Review and sign collaborative documentation including discussion of private judge option
- Plan and confirm agenda for second fourway
- Assign "homework" for second fourway
- Schedule several future fourway meetings
- Agree on location understandings, post-fourway memoranda
- Review and highlight successes before adjourning
4. INTERMEDIATE FOURWAY MEETINGS
- Begin by confirming agenda for the meeting (Usual sequence: collaborative documentation and container setting; stabilization of temporary needs; discussing priorities and concerns; "walk around the estate"; information gathering and exchange; involvement of neutral experts; brainstorming options; narrowing to solutions; preparing final documents; signing and concluding meeting.)
- Review any homework assignments
- Encourage clients to take the lead in sharing information, identifying priorities, discussing concerns
- Consider "stage-managing" for negotiation of highly emotional issues (e.g., present and clarify concerns at one meeting, present and clarify proposed solution at another meeting, present and clarify "upgrades' at subsequent meeting)
- Attorney role primarily agenda management, conflict management, ensuring good faith interest-based bargaining,-highlighting success, planning for use of experts, planning sequence of agendas for highest likelihood of success; ensuring good faith and forward movement; confirming progress via post-fourway memoranda
5. TROUBLESHOOTING AND PROBLEM-SOLVING
- Aim for transparency to maximum degree clients can handle it
- Attorneys reflect honestly on whether and how they may have contributed to problem
- Pre-meeting between attorneys to share information and consider
- procedural options for addressing conflict, apparent impasse-
- Consider drawing in other professional resources: coaches, CD team, therapists, consultants, mediators
- Consider where apology may be needed
- Learn the lessons from the experience and make them explicit
6. FINAL FOURWAY MEETING
- Ensure documents ready for signing
- Review and sign
- Discuss likely future "speed bumps" .and confirm agreements about procedure for handling them
- Review history of collaborative representation, giving praise and highlighting successes
- Explain when and how legal divorce will be finalized
- If appropriate, include ceremonial ending (Champagne toast?
- Silent moment of appreciation? If given permission, some clients welcome opportunity for reading a poem, or a prayer. Re-potting plants? Other ideas?)
