Collaborative Law Participation Agreement Template (Page 3 of 5) in pdf

Divorce Coaches, Child Specialist, and Financial Specialists

When appropriate, and as needed, the Parties will use the services of one or more of the following

professionals: divorce coach, child specialist, or financial specialist (collectively referred to as the

“Collaborative Professional”). When a Collaborative Professional is engaged, the parties agree that the

Collaborative Professional and the Lawyers may engage in whatever discussions are necessary for

resolution of the case. In the event that the Collaborative Law Process comes to an end, the confidentiality

provisions as set out in paragraph 14 of this agreement apply to the Collaborative Professional.

No Court Intervention

Unless otherwise agreed, prior to reaching final agreement on all issues no Notice of Family Claim will

be filed or served, nor will any other application or document be prepared or filed which would initiate

Court intervention.

10.

Disqualification by Court Intervention

The Parties understand that their Collaborative Lawyers’ representation is limited to providing services

within the Collaborative Law Process. Thus, while each Lawyer is the advisor of his or her client and

serves as the client’s representative and negotiator, the Parties mutually acknowledge that both Lawyers,

and anyone in each Lawyer’s office, will be disqualified from representing them in a contested Court

proceeding against the other Party.

11.

Withdrawal of Party from Collaborative Law Process

If a Party decides to withdraw from the Collaborative Law Process, prompt written notice will be given to

the other Party through his or her Lawyer. Upon termination of the Collaborative Law Process by a Party

or a Lawyer, there will be a thirty (30) day waiting period (unless there is an emergency) before any Court

hearing, to permit the Parties to retain new lawyers and make an orderly transition. All temporary

agreements will remain in full force and effect during this period. The intent of this provision is to avoid

surprise and prejudice to the rights of the other Party. It is therefore mutually agreed that either Party may

bring this provision to the attention of the Court to request a postponement of a hearing.

If a Party wishes to withdraw from the Collaborative Law Process with their current Lawyer, but retain a

new lawyer to continue with the Collaborative Law Process, the Party will give prompt written notice to

the other Party through his or her Lawyer, of their intention to withdraw and obtain a new lawyer. The

new lawyer shall execute a new Collaborative Law Participation Agreement within 30 days of the Party

giving notice. If a new agreement is not executed within 30 days, then the other Party will be entitled to

proceed as if the Collaborative Law Process were terminated as of the date written notice was given.

12.

Withdrawal of Lawyer from Collaborative Law Process

If either Lawyer withdraws from the case for any reason except those set out in paragraph 13 herein, they

agree to do so promptly by a written notice to the other Party through his or her Lawyer. This may be

done without terminating the status of the case as a Collaborative Law case. The Party whose lawyer has

withdrawn may elect to continue in the Collaborative Law Process and will give prompt written notice of

this intention to the other Party through his or her lawyer. The new lawyer will execute a new

Collaborative Law participation agreement within 30 days of the Lawyer first giving notice. If a new

agreement is not executed within 30 days, then the other Party will be entitled to proceed as if the

Collaborative Law Process were terminated as of the date the first written notice was given.

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