Collaborative Process: Effective Strategies for Selling It
Learn valuable insights from Melinda Eitzen on selling the collaborative process successfully. Discover tips on what to do, what not to do, and practical examples to engage clients effectively. Enhance your confidence, communication skills, and approach to align with client goals.
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Presentation Transcript
Collaborative Process- How to sell it BY MELINDA EITZEN DUFFEE+EITZEN MELINDA@D-ELAW.COM 214-416-9010 Melinda Eitzen www.duffee-eitzen.com
What To Do: Be a Believer Speak with confidence, which requires some knowledge. How to keep it front of mind. Melinda Eitzen www.duffee-eitzen.com
What Not To Do : Don t sabotage yourself! Don t tell them it is your first collaborative case. Melinda Eitzen www.duffee-eitzen.com
What To Do: Start with the client telling his story Then discuss what their goals and interests are, and then explain Melinda Eitzen www.duffee-eitzen.com
What To Do: Resolution continuum from Kitchen Table (or Board Room) to War: Kitchen Table Collaborative Litigation (default model) Melinda Eitzen www.duffee-eitzen.com
What To Do: Handouts to help you explain: Informed Consent Roadmap to Resolution Create your own handout Video Judge Foote s or CLI-TX or Global Collaborative Law Council web site Melinda Eitzen www.duffee-eitzen.com
What To Do: Examples: Family law client goal healthy post divorce children Potential to develop a healthy post-divorce co-parenting relationship. Family law client has had multiple affairs Not rehashing your whole marriage and passing judgment. Privacy of process Melinda Eitzen www.duffee-eitzen.com
What To Do: Example Business owner, hates wife, wants to pay her as little as possible, wants to keep business. Analyzing Court may meet the goal pay her as little as possible due to the alimony rules, however, court may also tear his business limb to limb getting there. His goal of keeping his business and having a less intrusive process and a quick timeframe may be more important than his pay her little goal. Melinda Eitzen www.duffee-eitzen.com
What To Do: Clients often select collaborative when they can see how it aligns with their goals and interests What if they still don t get it ? Melinda Eitzen www.duffee-eitzen.com
What To Do: Negotiation Style Explain the benefits of positional vs. interest- based negotiations Tell the orange story Solution-oriented process Stress creative solutions Melinda Eitzen www.duffee-eitzen.com
What To Do: Discuss Other Benefits Emphasize being in control of the scheduling vs. the Court dictating the schedule Emphasize staying out of Court/privacy Tell them about bizarre rulings you have received or heard about. Melinda Eitzen www.duffee-eitzen.com
What To Do: How to Deal with Losing the Lawyer issue: There are hundreds of good litigators in this area and you will not lack for one. How I am of most use to you is in the collaborative process. If your goal is to work it out, you are going to want lawyers who share that goal not just give lip service to it. Most cases in the collaborative process settle in the process if they didn t you would not make a living If they must change lawyers, you will help them find a litigation lawyer and transition them to that lawyer. We are dedicated settlement counsel Melinda Eitzen www.duffee-eitzen.com
What Not To Do: Don t tell them it is NEW. One client told me he did not want to be the Guinea Pig for some NEW thing. Melinda Eitzen www.duffee-eitzen.com
What NOT To Do: Don t Over Sell it. Don t have a lower retainer for Collaborative cases Don t make promises you cannot keep No process can guarantee outcome Instead: Tell them they may not be allowed to do it collaboratively because the other party must agree. So, we may not be able to do it that way, even though it is the superior way. Melinda Eitzen www.duffee-eitzen.com
What To Do: In Family Cases, discuss value of the team: Discuss the team as if that is the only way collaborative law is done. Discuss Full Disclosure and Transparency Value of Financial Planner to help gather and organize all the information. Explain the option of the FP making 15-20 year cash flow projections. Can pay one FP to do the data gathering instead of both lawyers. We are fee shifting from the lawyers to neutrals. Melinda Eitzen www.duffee-eitzen.com
What To Do: In Family Cases, discuss value of the team: Can pay the MHP to do the lions share of the work on the parenting plan instead of the lawyers. The Neutral Voice the difference between the lawyer and the neutral saying the same thing! Melinda Eitzen www.duffee-eitzen.com
What Not To Do: Don t be so arrogant as to decide for your client that collaborative is not for them. Let them tell you! It is their life, business, or dispute. Melinda Eitzen www.duffee-eitzen.com
How To Deal With Roadblocks Outside Your Client: Potential client says, She will never agree to anything! So how could we possibly do this collaboratively? We have all heard this in traditional cases re mediation Answer: Everyone says that and thinks that and yet more than 85% of cases settle. It is unlikely that your case is the exception. Melinda Eitzen www.duffee-eitzen.com
What To Do: Cross Selling Options Have Spouse A say, The lawyer said that collaborative law is a way to settle without going to court. I don t really understand it, but why don t you ask your lawyer about it and tell me what you think ? . Melinda Eitzen www.duffee-eitzen.com
What To Do: Cross Selling The Lawyer Take them to lunch and discuss collaborative Train them behind the scenes. Melinda Eitzen www.duffee-eitzen.com
What To Do: Collaborate! Melinda Eitzen Duffee + Eitzen (214) 416-9010 www.duffee-Eitzen.com melinda@d-elaw.com Melinda Eitzen www.duffee-eitzen.com
