COLLABORATIVE PRACTICE PARTICIPATION AGREEMENT. David. and. Sally (Sally)

Transcription

1 COLLABORATIVE PRACTICE PARTICIPATION AGREEMENT David and (David) Sally (Sally) 1. Choosing Collaborative Practice We choose Collaborative Practice to develop a Marriage Contract/ Cohabitation Agreement. In doing so, we agree to work together to achieve a mutually acceptable settlement. We assume responsibility for the decisions we make. We understand that this process takes place on legal, financial and emotional levels. We recognize that we may require the assistance of professionals other than our lawyers 2. Guidelines for Participation in the Collaborative Process a) We will deal with each other in good faith. b) Written and verbal communication will be respectful and constructive. c) We agree to follow the problem-solving steps set out in Schedule A to resolve our concerns. d) We will each express our interests, needs, goals and proposals and seek to understand those of the other. (e) We may develop an array of options for settlement and will use our best efforts to negotiate a mutually acceptable Marriage Contract /Cohabitation Agreement. f) We will not take advantage of mistakes made by another, but will immediately correct mistakes and advise of changes to information previously given. 3. Collaborative Lawyers a) The Lawyers representation is limited to providing services within the collaborative process.

2 2 b) While the lawyers share a commitment to the collaborative process and the wellbeing of the family, each lawyer has a professional duty to represent his or her own client diligently, and is not the lawyer for the other party. 4. Other Professionals When needed, we may engage other professionals, such as business valuators, accountants, tax experts, counselors, mediators, etc., normally by joint retainer. 5. Disclosure of Information We agree to make timely, full, informal disclosure of information related to our issues without formal discovery. We agree that we will promptly update information that changes materially. 6. Lawyer Disqualification We agree that our collaborative lawyers, and the lawyers in their law firms, are disqualified from representing either of us in a court or other contested proceeding related to our Marriage Contract/Cohabitation Agreement or any future separation. 7. Team Communications We consent to the exchange of information between our collaborative lawyers, the family professional and/or the financial professional in order to co-ordinate efforts. 8. Confidentiality (a) All communication exchanged within this collaborative process will be confidential and without prejudice. If any of our communications within this process become the subject matter of litigation or arbitration, either directly or indirectly, we agree: i) that neither of us will introduce as evidence information disclosed or prepared during the collaborative process, except documents otherwise compellable by law, including any sworn statements;

3 3 ii) iii) that neither of us will subpoena or discover either lawyer, family professional financial professional or other jointly retained professionals, to court or arbitration to testify with regard to matters disclosed during the collaborative process, or require the production at any court or arbitration proceedings of any notes, records, or documents in the possession of any named professional; and the verbal agreements, compromises or statements of any kind whatsoever made during the collaborative process are confidential and without prejudice. 9. Termination of Collaborative Process (a) Our collaborative process will end upon: i) Signing a Marriage Contract/Cohabitation Agreement. The Marriage Contract/Cohabitation Agreement will be an enforceable legal document which can be relied upon by us and our respective estates in the future; ii) Either of us withdrawing from this process; or iii) If either lawyer withdraws or terminates as a result of a belief that his or her client is not abiding by this Agreement. 10. Privacy Policy a) We consent to allow the lawyers and collaborative professionals to collect, use, disclose and retain personal information in order to provide services to us and to administer client time and billing data bases. b) We may withdraw our consent to the collection, use, disclosure and retention of our personal information as described above by giving the lawyers and collaborative professionals reasonable written notice. Our withdrawal of consent still allows the lawyers and collaborative professionals to use and disclose our personal information to collect or enforce payment of amounts owing as a result of our prior or continuing use of the collaborative law firm and/or collaborative professionals.

4 4 11. Acknowledgement of Commitment to Collaborative Process We acknowledge each has read this Agreement in its entirety, understand its content and agree to its terms. DATED at Toronto, this, Sally David I,, confirm that I will represent Sally in the collaborative process hereunder., 2014 I,, confirm that I will represent David in the collaborative process hereunder., 2014

5 5 SCHEDULE A COLLABORATIVE NEGOTIATION STEPS FOR EFFECTIVE PROBLEM-SOLVING Step 1 BUILD THE FOUNDATION Introduction and overview of the collaborative process Decide problems to be solved Consider the need for other professionals, such as family, child and/or financial specialists Step 2 GATHER AND EXCHANGE INFORMATION Identify what financial information is needed and exchange it Agree upon and initiate any joint valuations Lawyers to explain legal principles Step 3 IDENTIFY INTERESTS Prioritize goals, needs and interests immediate and long-term regarding issues and process Step 4 IDENTIFY CHOICES Explore widest range of possible solutions Consider everything, rule out nothing Step 5 EVALUATE CONSEQUENCES OF EACH CHOICE How would each option affect each person? Consider immediate, intermediate, long-term impacts Step 6 COME TO A DECISION AND IMPLEMENT DECISION Generate settlement proposals that satisfy interests of both What do you see as the best solution for both? Prepare Marriage Contract/Cohabitation Agreement incorporating joint decisions