Statement
of Principles of Collaborative Law
I.
THE COLLABORATIVE LAW PROCESS
Collaborative law
is a cooperative, voluntary conflict resolution vehicle for parties going
through a separation, dissolution or other family law matter.
The participants,
which include both the attorneys and the parties, acknowledge that the
essence of "collaborative law" is the shared belief that it is
in the best interests of parties and their families in family law matters
to commit themselves to avoiding adversarial proceedings -- particularly
litigation -- and instead to work together to create shared solutions to
the issues presented by the parties.
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 justly and equitably.
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 discussions and conferences to settle all issues.
III.
CAUTIONS
There is no guarantee
that the process will be successful in resolving a dispute.
The collaborative
process cannot eliminate concerns about the disharmony, distrust and irreconcilable
differences which have led to the current conflict.
Although the particpants
are committed to reaching a shared solution, each party is still expected
to identify and assert his or her respective interests and the parties'
respective attorneys will help each to them do so.
IV. PARTICIPATION WITH INTEGRITY
Participants must
commit to protecting the privacy, respect and dignity of all involved,
including parties, attorneys and consultants.
Each participant
must commit to maintaining a high standard of integrity; specifically,
participants shall not take advantage of the other participants, or of
the miscalculations or inadvertent mistakes of others, but shall identify
and correct them.
V. EXPERTS AND CONSULTANTS
Sometimes the input
of outside experts such as accountants, appraisers and therapists might
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.
VI. CHILDREN'S ISSUES
In resolving issues
about sharing the enjoyment of and responsibility for children, the partents,
attorneys and therapists 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 children from involvement in the parents' disputes.
Parents will consider
attending Kids' Turn with
their children or, in a county where Kids' Turn programs are not available,
a similar parent-child divorce education program.
VII.
NEGOTIATION IN GOOD FAITH
The 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 parties and if
nevessary to compromise to reach a settlement of all issues.
Although participants
may discuss the likely outcome of a litigated result, none will use threats
of abandoning the collaborative process or of litigation as a way of forcing
settlement.
VIII.
ATTORNEYS' ROLE - ATTORNEYS' FEES AND COSTS
The attorneys' role
is to provide an organized framework that will make it easier for the parties
to reach an agreement on each issue. The attorneys will help the parties
communicate with each other, identify the issues, ask questions, make observations,
suggest options, help them express needs, goals and feelings, check the
workability of proposed solutions and prepare and file all written paperwork
for the court. The attorneys and the parties shall work together to reach
a solution which serves the needs of both parties.
The collaborative
process requires parity of payment to each attorney. The parties will make
funds available for this purpose.
Each attorney is
independent from the other attorneys in the collaborative group, and has
been retained by only one party in the collaborative process.
IX. ABUSE OF THE COLLABORATIVE PROCESS
A collaborative
law 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 so as to undermine or take unfair advantage of the collaborative
law process. Examples of such violations of the process are: the secret
disposition of community, quasi-community or separate property; failing
to disclose the existence or the true nature of assets and/or obligations;
failure to participate in the spirit of the collaborative process; abusing
the minor children of the parties or planning to flee the jurisdiction
of the court with the children.
X. 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 court
in a proceeding against the other spouse. In the event a court filing is
unavoidable, both attorneys are disqualified from representing either client.
In the event that
the collaborative law process terminates, all consultants will be disqualified
as witnesses and their work product will be inadmissible as evidence.
