Below is an example of a Collaborative Participation Agreement couples would sign as they begin the collaborative divorce process. Specific terms of the agreement are adjusted to meet the needs and concerns of individual couples, but the goal of resolving the dissolution of a marriage in an open, honest and respectful way remains at the forefront.

What is the collaborative process in family law?

The parties acknowledge that the essence of the Collaborative Process is the shared belief that it is in the best interests of their family to commit themselves to avoid the use of litigation and litigation-based strategic negotiation techniques.

What happens at the end of the collaborative process?

During the Collaborative Process, unless otherwise agreed, prior to reaching final agreement on all issues, no pleading or motion will be prepared or filed. If either party initiates a contested legal proceeding against the other, the Collaborative Process is immediately terminated.

How will the parties communicate with the children during a settlement?

Communication with the children, or in the children’s presence, regarding settlement issues will occur only if it is appropriate and done by mutual agreement and/or with the advice of a neutral mental health professional. The parties will not question the children about the other parent or the events occurring in his or her residence.

What is Alternative Dispute Resolution in family law?

The parties adopt this form of alternative dispute resolution which does not rely on a court-imposed resolution but instead relies on honesty, cooperation, integrity, civility and full disclosure, with a focus on the future well-being of the whole family in reaching an acceptable solution.