Sunday, December 14, 2008

The Importance of Keeping Your Word

In a Collaborative case, like in litigation or in life in general, you need to learn to keep your word when you reach an agreement. Normally, an agreement is the result of following the usual Collaborative process, beginning with identifying goals, then gathering information, brainstorming, evaluating options and then coming to an agreement. It is a logical, effective process. When you go through those steps, reach an agreement, and then later back out of the agreement, that creates problems. It wastes time and money. It creates distrust in a process that values transparency. It is very frustrating for everyone else.

If you get tempted to back out of an agreement, please think twice before you do it. If your change of mind is based on advice from someone who was not in the meetings or someone who is not trained in Collaborative Law, please hold off and discuss the situation first with your attorney and the neutral mental health specialist. They can help you stay on the right path and look out for your best interests.

Until a binding settlement agreement is reached, either party can theoretically change their mind, but doing so can create some serious problems. Think about it, seek advice and then try not to break the agreement unless new facts have emerged. The best way to avoid problems is to be very careful when you are entering into the agreements in the first place.

1 comment:

Paul B. Kennedy said...

Very good advice - whether we're talking about colaborative divorce, mediations or a promise to your spouse, colleague or client.