acknowledge that the process of collaborative divorce law is the
shared belief that it is in the best interests of people involved in
the divorce process and their families to avoid litigation.
this process, which does not rely on a court-imposed resolution, but
on an atmosphere of honesty, cooperation, integrity and
professionalism dedicated to the future well-being of the family.
Our goal is
to minimize the negative economic, social and emotional consequences
of protracted litigation on the participants and their families. We
commit ourselves to the collaborative divorce process to resolve our
differences justly and equitably.
II. NO COURT
OR OTHER INTERVENTION
ourselves to settle our case without court intervention, adversarial
techniques or litigation.
We agree to
give full, honest and open disclosure of all information to resolve
the issues whether requested or not.
We agree to
engage in good faith discussions and conferences to settle all
issues to address our individual interests and concerns and those of
We agree to
require all attorneys, accountants, therapists, appraisers and other
consultants retained by us to work in a collaborative effort.
We will make
every effort to reach amicable solutions that promote our children’s
quickly resolve differences about our children to promote a caring,
loving and involved relationship between our children and ourselves.
We agree to
comply with the legal requirement to obtain parenting education to
help us develop a parenting plan responsive to each child’s
We agree not
to involve our children in our negotiations.
understand there is no guarantee that the process will be successful
in resolving our case.
understand that the process cannot eliminate concerns about the
disharmony, distrust and irreconcilable differences which have led
to the decision to divorce.
understand that we are still expected to assert our respective
interests and that our respective attorneys will help us do so.
understand that while our collaborative attorneys share a commitment
to this process they have a professional duty to represent us
diligently, and neither is the attorney for the other party.
PARTICIPATION WITH INTEGRITY
protect the privacy, respect and dignity of all involved.
maintain a high standard of integrity and will not take advantage of
each other or the miscalculations or inadvertent mistakes of others,
but will identify and correct them.
NEGOTIATION IN GOOD FAITH
understand that the process, even with full and honest disclosure,
will involve vigorous good faith negotiation.
Each of us
will be reasonable and use our best efforts to create solutions that
meet the fundamental needs of the family and will compromise to
reach a settlement of all issues.
may discuss the possible outcomes of litigation as factors to
consider, we will not use threats of litigation to force settlement.
We acknowledge that predictions of litigated outcomes are imprecise
and may cover a range of outcomes and alternatives.
TERMINATION OF COLLABORATIVE PROCESS
understand that our collaborative attorneys will immediately
withdraw from the case upon learning that a client refuses to
disclose or misrepresents information or acts in a way to undermine
the collaborative divorce process or fails to participate in the
spirit of the collaborative process.
understand that our attorneys’ representation is limited to
collaborative divorce including filing the complaint, answer and/or
cross complaint, and the case management agreement and dealing with
related case management issues and completing all documents related
to the final judgment and attending the final divorce hearing.
In the event
that we or our attorneys engage in adversarial court procedures,
formal discovery or otherwise threatens or initiates adversarial
action, both attorneys will be disqualified from representing us in
court, and the collaborative process shall terminate.
attorney has an appearance on file with the court and a
disqualifying event occurs, we agree to retain new counsel and/or to
file a pro se appearance with the court. If the client fails to take
either action, the attorney shall be permitted to withdraw his or
her appearance with the court.
In the event
that the collaborative divorce process terminates, all consultants
will be disqualified as witnesses and their work product will be
inadmissible as evidence. Either party may terminate the
collaborative process, but the discussion to end the process will
occur at a meeting with the other party and the attorneys.
ATTORNEY’S FEES AND COSTS
that our attorneys and other professionals shall be paid for their
services. We agree to make funds available for this purpose and to
comply with the terms of our individual retainer agreements.
are needed, we will retain them jointly unless all parties and their
attorneys agree otherwise in writing.
PLEDGE TO COMPLY WITH AND TO PROMOTE THE SPIRIT AND WRITTEN WORD OF
Dated by Attorneys and Parties