Thursday, March 22, 2018

Collaborative Law

The  basic tenets of collaborative law are as follows
• The parties agree to resolve all issues in a respectful, open and honest manner, outside of the court system. 
• Each party retains a collaboratively trained attorney.

The parties and their counsel sign a legally binding contract (called a Participation Agreement) committing themselves to resolving the dispute according to collaborative principals and guidelines. Settlement remains the main objective because the lawyers’ continued employment depends upon his or her ability to facilitate an acceptable settlement proposal. Failure to reach settlement results in the end of the collaborative divorce process and an end to the attorney’s employment because the Participation Agreement provides that collaborative counsel is prohibited from representing the client if the case goes to litigation. 

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