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Who should consider
collaborative law?
The process works best for
couples who want to protect
their families from the
often painful traditional
litigation process, focus on
a positive solution and have
a respectful working
relationship with each other
once the process ends.
What is a Participation
Agreement?
All parties involve sign
this agreement, which
requires them to fully and
fairly disclose all
financial information and
maintain confidentiality
during the process. The
agreement also authorizes
the attorneys to use the
written agreement to obtain
a final court decree.
What if I don’t like the
way things are going?
The Participation Agreement
does not prevent you from
terminating the
collaborative law process
and pursuing litigation.
However, you will be
required to hire other
counsel – as will your
spouse.
What if, after an
agreement is reached, I find
out my spouse lied during
the process?
The agreement is no
different than any other
negotiated agreement, and
can be annulled if the terms
were not met. It is
important that attorneys and
the parties state clearly
the material facts upon
which the settlement is
based.
What is the difference
between collaborative law
and mediation?
In mediation, both parties
work with a neutral mediator
who assists them in making
decisions. Each party gets
advice from his or her
lawyer, outside of
mediation, as needed. In
collaborative law, there is
no neutral party. Attorneys
are directly engage, set the
agenda and manage the
process.
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