The Collaborative Law is where two parties and their lawyers sign a binding agreement stating that the only purpose for the lawyers' representation is to help the parties use creative problem-solving aimed at reaching a negotiated agreement that meet the needs of both parties. In the collaborative law process, the parties agree that no one will threaten to, or engage in litigation to force compromises. The parties still have a right to access the court system, but if they do, both lawyers are automatically disqualified from representing either of the parties in the case going forward.
The important points of the collaborative process are:
1. Full, voluntary, early disclosure of all facts and information necessary to come to an agreement
2. Both parties voluntarily accept that they have a fiduciary duty to each other
3. Both parties accept that the goal of the process is settlement with the understanding that each party fully participates and treats each other with respect.
4. Transparency of the process. In other words, nobody tries to hide assets or important facts.
5. If experts are needed, only one joint neutral expert will be hired.
6. Both parties commit to try to meet the legitimate goals of each party, if at all possible.
7. No threat of litigation
8. All lawyers and experts are disqualified from participating in any legal proceeding between the parties outside the collaborative law process.
9. Using four-way settlement meetings to communicate goals and needs and to negotiate a settlement.
