About the Participation Agreement
What the parties are prepared to agree upon
regarding the Collaborative Law process
This is the agreement that is signed by both the
parties and their Solicitors at the first 4 way meeting. It is the
agreement that the parties make to say that they intend to not
resort to the Courts to resolve the difficulties that they are
currently facing.
The aim of
Collaborative Law
is to reach a voluntary settlement without the use of the Courts.
The Participation Agreement enshrines the foundations upon which the
process is based, setting out how the parties agree to behave by
signing the Participation Agreement, (i.e. with mutual respect,
frankness, honesty, genuine wish to resolve matters amicably.)
It evidences their commitment to reach their own solution and keep
control of their own life and decisions.
It
evidences the co-operation between the parties in that they are
clearly prepared to trust the other party enough to try to achieve
the best solution for their whole family.
It
encourages creativity – for example just at the point when in the
traditional process, the parties may stop negotiating and decide
they want to go to court, the parties in the Collaborative Law
process will pull back, recalling (or being reminded!) that the
agreement was not to go to Court. Often at that point much has been
invested emotionally too. The parties then come back to the table,
remembering why they came to Collaborative Law in the first place
and the most amazing and creative solutions are found and generated
at that point.
If however the
Collaborative Law process does break down, the parties then have
to instruct other lawyers.
Training for
Collaborative Family Lawyers
The legal process
Team approach to divorce
Other specialist
experts can also be involved
Declaration of
Aspirations
Hot Button Issues between the
parties
Participation
Agreement - Collaborative Divorce
Tailored divorce
solutions
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