So here was something interesting that happened a short time ago in a collaborative divorce matter on which I was working. My client was really struggling with the collaborative concept: the idea that positioning and fighting were no longer necessary and that ALL concerns would be addressed, including concerns relating to their adult child. For some reason, my client was really not understanding why the litigation (court battle) attorney was no longer necessary during the collaborative process. Although both my client's coach and I had spent a great deal of time educating the client, there was still a great disconnect somewhere; a hurdle that we just could not seem to over come.
Finally, the day before our first full team collaborative meeting, we figured out the problem: the client did not understand that all of the agreements the spouses reached would be drafted, signed, filed with the court, AND fully enforceable and binding. I have to admit, I was surprised by this. It never dawned on me that anyone would think that a mediated or collaborated divorce agreement may not be enforceable in court. I guess, having been doing this work for so many years led me to take for granted that this was something that is universally understood. It is something that I share during my initial client orientations, although it is not something I emphasize. I have since changed my practice to really emphasize the fact that all signed agreements, whether prepared by combating divorce attorneys or collaborative attorneys, or even by a neutral mediator, are binding and fully enforceable. There is, however, a catch:
The agreement must be properly drafted.
This is why it is so important to have an attorney involved in this part of the process: drafting/review of any and all legal documents. But that's a conversation for another blog. Until then, remember, whether you are mediating or collaborating, your signed agreements, when filed with the court are BINDING AND FULLY ENFORCEABLE.