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PARTICIPATION AGREEMENT


The Collaborative Law Process

a) We acknowledge that the essence of “Collaborative Law” is the shared belief of the Participants that it is in the best interests of the Parties and their families in Family Law matters to commit to resolve issues through principled or interest-based negotiation rather than court proceedings.

b) We therefore adopt a conflict resolution process, which does not rely on a court imposed resolution, but rather relies on an atmosphere of honesty, co-operation, integrity and professionalism geared toward the future well-being of the family.

c) Our goal is to minimize, if not eliminate, the negative economic, social and emotional consequences of protracted court proceedings.

d) We commit ourselves to the Collaborative Law Process and agree to seek a better way to resolve ourdifferences justly and equitably. 

No Court Or Other Intervention 

a) We commit ourselves to settling this case without court intervention. 

b) We agree to give full, honest and open disclosure of all relevant information, whether requested or not. Any request for disclosure of information shall be made informally and the information shall be provided as quickly as reasonably possible.


c) We agree to engage in informal discussions and conferences to settle all issues. 

Cautions 

a) We understand that there is no guarantee that the process will be successful in resolving the matters in dispute. 

b) We understand that the process cannot eliminate concerns about the disharmony, distrust or irreconcilable differences which have led to the breakdown of the marriage or relationship. 

c) We understand that we are still expected to assert our respective interests and our lawyers will help us do so.

d) We understand that we should not lapse into a false sense of security that this process will protect use.

e) We understand that although the Lawyers share a commitment to the Collaborative Law Process, each lawyer has a professional duty to represent his or her own client diligently and is not the lawyer for the other party. 

Lawyers’ Fees And Costs 

We agree that our Lawyers are entitled to be paid for their services. Each of us will be responsible for the payment of our own Lawyer, and we agree to make funds available for this purpose. 


LINKS

Collaborative Family Lawyers of Canada
The Collaborative Law Network
The Collaborative Law Centre

The Collaborative Family Law Association of
Ontario Toronto Group

The Collaborative Law Center

The Legal Information Society of Nova Scotia

Access to Justice Network

Canadian Legal FAQs

Department of Justice Canada, Divorce Law: Questions and Answers

Department of Justice Canada, Child Support

 


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