Collaborative Law Participation Agreement Template (Page 4 of 5) in pdf

13.

Termination of Collaborative Law Process

A Collaborative Lawyer must withdraw from the Collaborative Law Process in the event they learn that

their client has withheld or misrepresented information and continues to withhold and misrepresent such

information, or otherwise acted so as to undermine or take unfair advantage of the Collaborative Law

Process. The Lawyer withdrawing will advise the other Lawyer that he or she is withdrawing, and that the

Collaborative Law Process must end.

14.

Confidentiality

All communication exchanged within the Collaborative Law Process will be confidential and without

prejudice. If subsequent litigation occurs, the Parties mutually agree that:

neither Party will introduce as evidence in Court information disclosed during the Collaborative

Law Process for the purpose of reaching a settlement, except:

documents otherwise compellable by law including any sworn statements as to financial

status made by the parties, or

a report prepared by a Collaborative Neutral Expert which may be used only in the event

that the parties jointly agree in writing as set out in paragraph 7;

neither Party will introduce as evidence in Court information disclosed during the Collaborative

Law Process with respect to either Parties’ behaviour or legal position with respect to settlement;

neither Party will ask or subpoena either lawyer or any of the Collaborative Professionals or

Collaborative Neutral Experts to Court to testify in any Court proceedings, nor bring on an

application to discover either Lawyer or any of the Collaborative Professionals or Collaborative

Neutral Experts, with regard to matters disclosed during the Collaborative Law Process;

neither Party will require the production at any Court proceedings of any notes, records, or

documents in the Lawyer’s possession or in the possession of one of the Collaborative

Professionals or of the Collaborative Neutral Experts;

the verbal agreements, concessions or statements of any kind whatsoever which may be made

during the Collaborative Law Process are confidential and without prejudice;

the Parties agree that these guidelines with respect to confidentiality apply to any subsequent litigation,

arbitration, or other process for dispute resolution.

The confidentiality clause does not apply in the event that a Party or Collaborative Professional is obliged

by law to report to the Director of Child Protection information arising out of the Collaborative Process

which gives the party or Collaborative Professional reasonable grounds to believe that a child may be in

need of protection.

15.

Rights and Obligations Pending Settlement

Although the Parties have agreed to work outside the Court system, the Parties agree that:

neither Party will dispose of any assets except by an agreement in writing;

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Collaborative Law Participation Agreement Template Page 4