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Goals |
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We acknowledge that the essence of "Collaborative Law" is the shared belief by participants that it is in the best interests of parties and their families in typical Family Law matters to commit themselves to
avoiding litigation. |
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We therefore adopt this conflict resolution process, which does not rely on a Court-imposed resolution, but relies on an atmosphere of
honesty, cooperation, integrity and professionalism, geared toward ensuring the future well-being of the family. |
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Our goal is to eliminate the negative economic, social, and emotional consequences of protracted litigation to the participants and their families. |
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We commit ourselves to the Collaborative Law process and agree to use this process to resolve our differences fairly and equitably. |
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No Court |
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We commit to settling our case without court intervention. |
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We agree to give full, prompt, honest and open disclosure of all
information, whether requested or not. |
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We agree to engage in informal discussions and conferences to settle all issues. |
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We agree to direct all attorneys, accountants, therapists, appraisers, as well as experts and other consultants retained by us, to work in a cooperative effort to resolve issues without resort to litigation or any other external decision making process except as agreed upon. |
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Cautions |
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We understand there is no guarantee that the process will be successful in resolving our case. |
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We understand that the process cannot eliminate concerns about the irreconcilable differences which have led to the current conflict. |
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We understand that we are each still expected to assert our own interests and that our respective attorneys will help each of us do so. |
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Attorney's Fees and Costs |
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We agree that our attorneys are entitled to be paid for their services, and the first task in a collaborative matter is to ensure payment to each of them. We agree to make funds available for this purpose. |
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Participants with Integrity |
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We will work to protect the privacy and dignity of all involved, including parties, attorneys and consultants. |
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We shall maintain a high standard of integrity and specifically shall not take advantage of each other or of the miscalculations or inadvertent mistakes of others, but shall acknowledge and correct them. |
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Experts and Consultants |
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If experts are needed, we will retain them jointly, ensure payment and share their work product. |
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Children's Issues |
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In resolving issues about sharing the enjoyment of and responsibility for our children, the parties, attorneys, therapists and others, shall make every effort to craft solutions that promote the children's best interests. |
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We agree to act quickly to mediate and resolve differences related to the children and to promote a caring, loving and involved relationship between the children and both parents. |
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We agree not to seek a custody evaluation while the matter is a Collaborative Law Case, except by mutual agreement. |
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We agree to insulate our children from involvement in our disputes. |
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Negotiation in Good Faith |
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We acknowledge that each of our attorneys represents only one party in our collaborative marital dissolution process. |
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We understand that the process, even with full and honest disclosure, will involve vigorous good faith negotiation. |
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Each of us will be expected to take a reasoned position in all disputes. Where such positions differ, each of us will be encouraged to use our best efforts to create proposals that meet the fundamental needs of both of us and if necessary to compromise to reach a settlement of all issues. |
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Although each of us may discuss the likely outcome of a litigated result, none of us will use threats of litigation as a way of forcing settlement. |
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Abuse of the Collaborative Process |
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We understand that our Collaborative Law attorney will withdraw from a case as soon as possible upon learning that his or her client has withheld or misrepresented information or otherwise acted so as to undermine or take unfair advantage of the Collaborative Law process. |
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Examples of such violations of the process are: the secret disposition of marital property, failing to disclose the existence or the true nature of assets and or obligations, failure to participate in the spirit of the collaborative process. |
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Disqualification by Court Intervention |
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We understand that our attorney's representation is limited to the Collaborative Law process and that neither of our attorneys, nor other attorneys from the same firm, can ever represent us in court in a proceeding against the other spouse. |
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In the event a court filing is unavoidable, both attorneys will be disqualified from representing either client. |
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In the event that the Collaborative Law process terminates, all consultants and experts will be disqualified as witnesses and their work product will be inadmissible as evidence unless the parties agree otherwise in writing. |
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Pledge |
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BOTH PARTIES AND ATTORNEYS HEREBY PLEDGE TO COMPLY WITH AND TO PROMOTE THE SPIRIT AND WRITTEN WORD OF THIS DOCUMENT. |
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| Attorney for Husband: |
Attorney for Wife: |
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