RULES OF THE COLLABORATIVE ROAD

Goals
We acknowledge that the essence of the collaborative process is the shared belief by participants that it is in the best interests of the couple and their children to commit themselves to avoiding litigation. We choose to commit ourselves to this conflict resolution process, which does not rely on a court imposed resolution, but relies on an atmosphere of honesty, cooperation, integrity and professionalism, geered toward ensuring the future well-being of the family.

Our goal is to eliminate the negative economic, social and emotional consequences of protracted litigation to the participants and their families. We commit ourselves to the collaborative divorce process and agree to use this process to resolve our differences fairly and equitably.

No Court
We commit to settling our case without court intervention. We agree to give full, prompt honest and open disclosure of all information, whether requested or not. We agree to engage in informal discussions and conferences to settle all issues.

We agree to direct all attorneys, accountants, therapists, coaches, appraisers, as well as experts and other consultants retained by us, to work in a cooperative effort to resolve issues without resort to litigation or any other external decision making process except as agreed upon.

Cautions
We understand there is no guarantee that the process will be successful in resolving our case. We understand that the process cannot eliminate concerns about the irreconcilable differences which have led to the current conflict. We understand that we each will be expected to assert our own interests and that our respective attorneys and coaches will help us to do so.

Participate with Integrity
We will work to protect the privacy and dignity of all involved, We shall maintain a high standard of integrity and specifically shall not take advantage of each other or of the miscalculations or inadvertent mistakes of others, but shall acknowledge and correct them.

If experts are needed, we will retain them jointly, ensure payment and share their work product.

Children's Issues
In resolving issues about sharing the enjoyment and responsibility for our children, the couple and collaborative team will make every effort to craft solutions that promote the children's best interest.

We agree to act quickly to resolve differences related to the children and to promote a caring, loving and involved relationship between the children and both parents. We agree not to seek a custody evaluation while the matter is in the collaborative process, except by mutual agreement. We agree to insulate our children from involvement in our disputes.

Negotiation in Good Faith
We acknowledge that each of our attorneys represents only one party in our collaborative marital dissolution process. We understand that the process, even with full and honest disclosure, will involve vigorous good faith negotiation.

Each of us will be expected to take a reasoned position in all disputes. Where such positions differ, each of us will be encouraged to use our best efforts to create proposals that meet the fundamental needs of both of us, and if necessary to compromise to reach a settlement on all issues. Although each of us may discuss the likely outcome of a litigated result, none of us will use threats of litigation as a way of forcing settlement.

Abuse of the Collaborative Process
We understand that our collaborative attorney will withdraw from a case as soon as possible upon learning that his or her client has withheld information or otherwise acted so as to undermine or take unfair advantage of the collaborative process.

Examples of such violations of the process are: the secret disposition of marital property, failing to disclose the existence or the true nature of assets and or obligations, failure to participate in the spirit of the collaborative process.

Disqualification by Court Intervention
We understand that the attorneys representation is limited to the collaborative process and that neither of our attorneys can represent us in court in a proceeding against the other spouse.

In the event a court filing is unavoidable, both attorneys will be disqualified from representing either client. In the event that the collaborative process is terminated, all consultants, experts, coaches and specialists will be disqualified as witnesses and their work product will be inadmissible as evidence unless the parties otherwise agree in writing.