Collaborative law principles are explained in this declaration:
I. The Collaborative Law Process
Collaborative Law is a cooperative, confidential, voluntary conflict resolution process for spouses going through a separation, dissolution or other family law matter.
The participants, which include the spouses and their attorneys, acknowledge the essence of “Collaborative Law” is the shared belief that it is in the best interest of the spouses and their family to commit themselves to avoiding adversarial proceedings, especially litigation. Instead, the parties work together to create shared solutions to the issues present in their family.
The goal of Collaborative Law is to minimize, if not eliminate, the negative economic, social and emotional consequences of litigation to families. Choosing Collaborative Law requires a commitment to resolving differences in an atmosphere of mutual respect and equality.
II. No Court or Other Intervention
Collaborative Law requires a commitment to settling the issues involved without court intervention. Participants must agree to give full, honest and open disclosure of all information, whether requested or not. Participants must agree to engage in informal settlement meetings and conferences to settle all issues.
III. Resolution
There is no guarantee that the process will be successful in resolving a dispute. The Collaborative process cannot eliminate concerns about disharmony, distrust and irreconcilable differences which have led to the current breakdown of the marriage. Although participants are committed to reaching a shared solution, each person is still expected to identify and assert his or her respective interests and the parties’ respective attorneys will assist each of them to do so.
IV. Participation With Respect & Integrity
Participants must commit to protecting the privacy, respect and dignity of all involved, including the children, the other party, the attorneys and consultants.
Each participant must commit to maintaining a high standard of personal integrity; specifically, participants shall not take advantage of the other participants, or of miscalculations or inadvertent mistakes of others, but shall work to identify and correct them. All participants agree to treat the other participants with respect during the Collaborative process.
V. Experts & Consultants
Sometimes the input of outside experts such as accountants, appraisers, mediators and therapists may be needed to assist the participants in reaching creative and informed solutions. If any such experts are needed, they will be retained jointly. All such experts and other consultants retained in the Collaborative process shall be directed to work in a cooperative effort to resolve issues.
In the event the Collaborative process terminates, all consultants will be disqualified as witnesses and their work product will be inadmissible as evidence. However, new consultants retained for litigation will be permitted to review the work product and reports or prior Collaborative process consultants to facilitate transition for the participants.
VI. Negotiation in Good Faith
The Collaborative process, even with full and honest disclosure, will involve vigorous good faith negotiation. Each participant will be expected to take a reasoned position in all disputes. Where such positions differ, each participant will use his or her best efforts to create proposals that meet the fundamental needs of both participants, and if necessary, to compromise to reach a settlement.
Although participants may discuss the likely outcome of a litigated result, none will use threats of abandoning the Collaborative process or threats of litigation as a way to force settlement.
VII. Attorneys’ Role
The attorneys’ role is to provide an organized framework that will make it easier for the spouses to reach an agreement on each issue. The attorneys will help make observations, suggest options, help them express needs and goals, check the workability of proposed solutions and prepare and file all written paperwork for the court. The attorneys and parties work together to reach solutions that serve the needs of both parties.
VIII. Abuse of the Collaborative Process
The Collaborative 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 to undermine or take take unfair advantage of the Collaborative process. Examples of such violations of the process include: secret disposition of marital, quasi-marital or separate assets; failing to disclose the existence or true nature of assets or obligations; failure to participate in the the spirit of the Collaborative process, abusing the children or planning to flee the jurisdiction of the court, with or without the children.
IX. Disqualification By Court Intervention
An attorney’s representation in the Collaborative process is limited to that process. No attorney representing a party in the Collaborative process can ever represent that party in a court proceeding against the other spouse. In the event a court filing is unavoidable, both attorneys are disqualified from representing either client and will assist the respective client in the transition to litigation counsel.
X. Children’s Issues
In resolving issues about sharing the enjoyment and responsibility of children, parents, attorneys and child specialists shall make every effort to reach amicable solutions that promote the children's best interests.
Parents will act quickly to resolve differences related to the children and to promote a caring, loving and involved relationship between the children and both parents.
Every effort will be made to insulate the children from involvement in the parents’ disputes. The parents will not discuss the disputed issues with the children or within earshot of the children. Both parents will attend the parent education course at the earliest opportunity.
It REALLY is different with Collaborative divorce.
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