Principles & Guidelines
In order to fully use the collaborative process,
you and your spouse must commit to the Principles
and Guidelines. The principles and guidelines are
set below:
GOALS
We acknowledge that the essence
of "Collaborative Law" is the shared belief by
participants that it is in the best interests of
the parties and their families in typical family
law matters to commit themselves to avoiding
litigation.
We therefore adopt the 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 the future well
being of the family.
Our goal is to minimize, if not eliminate, the
negative economic, social and emotional
consequences of protracted litigation to the
participants and their families.
We commit ourselves to the Collaborative Law
process and agree to seek a better way to resolve
our differences justly and equitably.
NO CONTESTED COURT PROCEEDINGS OR FORMAL
DISCOVERY
We commit ourselves to settling
our case without contested court proceedings.
We agree to give full, honest and open disclosure
of all information, whether requested or not.
There will be no formal discovery.
We agree to engage in informal discussions and
conferences to settle all issues. We agree to
direct all attorneys, accountants, therapists,
appraisers and other consultants retained to work
in a cooperative effort to resolve all issues
without resort to litigation or any other external
decision-making process except as mutually agreed.
CAUTIONS
We understand there is no
guarantee that the process will be successful in
resolving our case.
We understand that the process cannot eliminate
concerns about the disharmony, distrust and
irreconcilable differences that have led to the
current conflict.
We understand that we are still expected to
assert our respective interests and that our
respective attorneys will help each of us do so.
We understand that we should not lapse into a
false sense of security that the process will
protect each of us.
PARTICIPATION WITH INTEGRITY
We will work to maintain the
privacy, respect and dignity of all involved.
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 identify such
mistakes when discovered.
EXPERTS
If experts are needed, we will
retain them jointly unless all parties and their
attorneys otherwise agree in writing.
In the event that the Collaborative Law process
terminates, all experts will be disqualified as
witnesses and their work product will be
inadmissible as evidence unless the parties agree
otherwise in writing.
CHILDREN'S ISSUES
In resolving issues about the
enjoyment of and responsibility for our children,
the parties and attorneys shall make every effort
to reach amicable solutions that promote the best
interests of the children.
We agree to act quickly to mediate and resolve
differences related to the children to promote a
caring and involved relationship between the
children and both parents.
NEGOTIATION IN GOOD FAITH
We acknowledge that each of our
attorneys is independent from other attorneys in
the Collaborative Law Council, and represents only
one party in our collaborative marital dissolution
process.
We understand that the process, even with full
and honest disclosure, will involve vigorous good
faith negotiation.
Each of us will be expected to take a reasonable
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 parties and if necessary
to compromise to reach a settlement of all issues.
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.
ABUSE OF THE COLLABORATIVE PROCESS
The parties understand that both
Collaborative Law attorneys shall withdraw from a
case as soon as possible upon learning that either
client has intentionally withheld or
misrepresented information or otherwise acted so
as to undermine or take unfair advantage of the
Collaborative Law process. Examples of such
violations of the process are: the secret
disposition of assets, liabilities or income,
failing to disclose the existence or true nature
of assets and/or obligations, failure to
participate in the spirit of the collaborative
process, abusing the minor children of the
parties, or planning to flee the jurisdiction of
the court with the children.
DISQUALIFICATION BY COURT INTERVENTION
We understand that our attorneys'
representation is limited to the Collaborative Law
process and that neither of our attorneys can ever
represent us in court in a contested proceeding
against the other spouse.
In the event the case returns to court in a
contested proceeding, both attorneys will be
disqualified from representing either client
except in a Collaborative process.
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