Collaborative Law Participation Agreement Template (Page 2 of 5) in pdf

The Parties agree to act quickly to mediate and resolve differences related to the children to promote a

caring, loving, and involved relationship between the children and both parents.

The Parties acknowledge that inappropriate communications regarding the dissolution of their

relationship can be harmful to their children. They agree that settlement issues will not be discussed in the

presence of their children, or that communication with the children regarding these issues will occur only

if it is appropriate and done by mutual agreement, or on the advice of a child specialist.

The Parties agree not to make any changes to the residence of the children without first obtaining the

written agreement of the other Party.

Participation with Integrity

Each participant will uphold a high standard of integrity, and will not take advantage of inconsistencies or

miscalculations of the other, but will disclose them and seek to have them corrected.

Negotiation in Good Faith

The Parties and their Lawyers agree to deal with each other in good faith and to provide promptly all

necessary and reasonable information requested. No formal discovery procedures will be used unless

specifically agreed to in advance by the Parties.

The Parties acknowledge that by using informal discovery, they are giving up certain rights for the

duration of the Collaborative Law Process, including the right to formal discovery, formal Court hearings,

restraining orders, and other procedures provided by the adversarial legal system. They give up these

measures with the specific understanding that both Parties make full and fair disclosure of all assets,

income, debts, and other information. The Parties acknowledge that participation in the Collaborative

Law Process, and the settlement reached, is based upon the assumption that both Parties have acted in

good faith and have provided complete and accurate information to the best of their ability. The Parties

agree to provide sworn statements making full and fair disclosure of their income, assets and debts, if

requested.

Cautions and Limitations

In electing the Collaborative Law Process, the Parties understand that there is no guarantee that the

process will be successful in resolving their case. They understand that the process cannot eliminate

concerns about any disharmony, distrust, or irreconcilable differences which have led to the current

conflict. While intent on striving to reach a cooperative solution, success will ultimately depend on their

commitment to making the process work. The Parties understand that they are still expected to assert their

respective needs and interests and that their respective Lawyers will help each of them do so.

The Parties further understand that while the Collaborative Lawyers share a commitment to the process

described in this document, each of them has a professional duty to represent his or her own client, and is

not the lawyer for the other party.

Experts and Consultants

When appropriate and as needed, the Parties will use neutral experts (“Collaborative Neutral Expert”).

The Parties will agree in advance of retaining the Collaborative Neutral Expert as to how the costs of the

third party espert will be paid, and as to whether or not the expert report will be covered by the

confidentiality clause.

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Collaborative Law Participation Agreement Template Page 2