Collaborative Practice is used when couples separate and divorce and must find a way to resolve their differences on all relevant issues. But, Collaborative Practice can be used in many other situations. The collaborative process is designed to minimize conflict while working toward resolution.
The participants and their attorneys agree to make a good faith attempt to reach a mutually acceptable settlement without going to court. Working together, they strive to resolve the dispute in a way that addresses everyone’s legal, financial, and emotional needs. But first, they must commit to the Participation Agreement. Learn more about this with the st. louis collaborative divorce.
Now, what is a Participation Agreement? A Participation Agreement is a contract between the parties and their attorneys setting out the guidelines to be followed in the collaborative process. It is a contract signed by the participants, which sets forth the rules for the process. The parties and lawyers agree that:
The lawyers will not litigate the case. If the process fails, and litigation is the only recourse, the original attorneys must withdraw and the parties must retain new lawyers (the "disqualification" provision); Neither party will take advantage of mistakes by the other side; The parties will freely disclose all pertinent information and will not hide any material facts; What is said in the settlement meetings remains confidential; All experts will be neutral, and hired jointly by both parties and their children; and Everyone will behave courteously and in good faith. Visit the st. louis collaborative divorce to know more about this.
In Participation Agreement, there is also a process called the disqualification provision. It ensures that the lawyers' interests are aligned with the clients' interests of reaching settlement by eliminating any incentive to take the case to trial.
Collaborative law practitioners believe that when court is no longer a good option, non-court methods of reaching settlement are more likely to be pursued. Additionally, when court is not an option, it is believed that many collaborative law attorneys will retool to learn the additional skills that may be needed to resolve disputes without resorting to a third party decision maker. For more information about collaborative divorces, then visit the st. louis collaborative divorce for details.