PRINCIPLES AND GUIDELINES
FOR THE PRACTICE OF COLLABORATIVE LAW
1. GOALS
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.
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 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.
2. NO COURT
OR OTHER INTERVENTION
We commit ourselves to settling our case without court intervention.
We agree to give full, honest and open disclosure of all information, whether
requested or not.
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 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.
3. 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 which 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 while our collaborative attorneys share a commitment to the
process described in this document, each of them has a professional duty to
represent his or her own client diligently, and is not the attorney for the
other party.
4. ATTORNEY'S
FEES AND COSTS
We agree that our attorneys are entitled to be paid for their services
and we agree to make funds available for this service.
5. PARTICIPATION WITH INTEGRITY
We will work to
protect the privacy, respect and dignity of all involved, including parties,
attorneys and consultants.
We shall maintain a high standard of integrity and specifically shall not take
advantage of each other or the miscalculations or inadvertent mistakes of
others, shall identify and correct them.
6. EXPERTS AND CONSULTANTS
If experts are needed, we
will retain them jointly unless all parties and their attorneys agree otherwise
in writing.
7. CHILDREN'S ISSUES
In resolving issues about sharing the enjoyment of and responsibility for our
children, the parties, attorneys and therapists shall make every effort to reach
amicable solutions that promote the children's best interests.
We agree to act
quickly to mediate and resolved differences related to the children to promote a
caring, loving and involved relationship between the children and both parents.
We agree not to seek a custody evaluation while the matter is a Collaborative
Law case.
We agree to insulate our
children from involvement in our disputes.
We agree to attend __with our children in a county where the program is
available.
8. NEGOTIATION IN GOOD FAITH
We acknowledge that each of our attorneys is independent from the other
attorneys in the Collaborative Law group 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 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.
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
9. ABUSE OF THE
COLLABORATIVE PROCESS
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.
Examples of such violations of the process are: the secret disposition of
community, quasi-community or separate 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, abusing the minor
children of the parties, or planning to flee the jurisdiction of the court with
the children.
10. 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 a
proceeding against the other spouse.
In the event that a court filing is unavoidable, both attorneys will be
disqualified from representing either client.
In the event that the Collaborative Law process terminates, all consultants will
be disqualified as witnesses and their work product will be inadmissible as
evidence unless the parties agree otherwise in writing.
11. PLEDGE
BOTH PARTIES AND ATTORNEYS HEREBY PLEDGE TO COMPLY
WITH
AND
TO PROMOTE THE SPIRIT AND WRITTEN WORD OF THIS DOCUMENT.
Petitioner:__________________
Date:___________
Respondent:________________
Date:
__________
Attorney for
Petitioner:______________________
Attorney for
Respondent:____________________