I always set a meeting a couple of weeks out for the purpose of signing
the agreement. This gives me a deadline for drafting, I commit to getting
a draft to everyone prior to the meeting. People can give input to the
agreement prior to the meeting, and then we all sit together at the four
way, doing any last revisions that may be necessary and sign. Sometimes
we start drafting before everything is complete, so we have a working
draft to go from, then we may have two or even three four ways as we work
on the draft -- everyone together -- getting it to where we want it. I
aim for "neutral" drafting -- I don't want anyone to look at the final
agreement and be able to say "husband's" (or wife's) lawyer drafted this.
Nancy>
At the pivotal time in a collaborative case when the parties have a "hand
shake" and the lawyers move to the drafting stage for the agreement there
is a window of good will: relief at being done; hope for a conclusion
soon; energy moving forward.
In a couple of my cases things have nearly fallen apart at this stage.
A couple of ideas come to mind as to why:
--procrastination; lawyers busy with litigation not being able to get the
draft completed, while the parties are falling apart
--trying to write the perfect agreement; trying to perfect details can
annoy the heck out of some people. How important is a change in the
health status of the parties from "excellent" to "good" in the 17th
draft?
--the persistence of attachment; lawyers not wanting to let go of
clients; clients not wanting to let go of each other?
--inattention to detail; drafting incomplete agreements and not including
progress from the notes and serial redrafting.
--poor working relationships between the professional
--poor communication
Almost all of my cases involve multi-disciplinary teams and the process
facilitators are key to keeping things moving.
Goodwill has a shelf life and clients will walk away from an agreement if
they feel they are being disrespected or if they are hopeless that it will
ever be concluded.
Is anyone else having similar experiences and what strategies do you
employ to keep things on track and headed toward resolution?
Dave Murch
Rochester, New York
May 19th, 2011
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