5,310
edits
Changes
no edit summary
A quick Google search for <tt>collaborative law bc</tt> should net you some additional resources, including collaborative family law lawyers in your area.
===The Signing the Participation Agreement===
The parties and their lawyers will enter into a written then sign the participation agreement that commits them to work working together , using non-adversarial problem-solving techniques and cooperative negotiation strategies , to negotiate reach a fair settlement without going to court. The participation agreement will contain a number of important terms which are very important to understand. Among other things, most Participation Agreements participation agreements will provide that:
* the parties are to discuss the issues in a frank and respectful manner, and not make unfounded accusations;* while the collaborative law process is underway, neither party will commence litigation;start proceeding in court* if the collaborative law process endslitigation starts, both parties lawyers must fire their lawyers withdraw and obtain new ones if they wish cannot continue to litigate represent their dispute;clients* either the lawyer will be required to must end the collaborative process if his or her client withholds or misrepresents information; and,* all communications generated during the process are to be kept strictly confidential.
The team then begins the process of making disclosure of all documents and information relevant to the issues between the parties. The collaborative process is not a poker game, with each spouse bluffing the other and trying to take advantage; this process is transparent and requires absolute and unswerving honesty. Relevant documents often include: * current and historic statements for bank accounts, retirement savings accounts and investment accounts* current statements for loans, mortgages and credit cards* tax returns* corporate financial statements and corporate tax returns* confirmation of income The parties produce their documents and information to the other on the understanding that the information, except for certain legal documents like financial statements, and the content of the negotiations will never be used in court and will remain private and confidential between the people involved in the collaborative process. ===The Negotiation ProcessStarting Negotiations===
Once full disclosure has been made, the parties then begin to negotiate the terms of a settlement, relying on the advice and input of their respective lawyers and the other team members to craft a resolution which both parties are as happy with as possible. You can expect that this will be a process of mutual compromise, and that neither of you will wind up with an agreement which reflects your original positions!
Along the way, depending on the nature of the issues, one or more interim agreements may be reached. These are not meant to be a final determination of the issues, rather they are temporary, stop-gap issues designed to deal with issues like the sale of the family home if money is needed, the parties' time with the children over holidays, and so forth. These interim agreements will fall by the wayside when a final agreement is reached.
===The Drafting the Final Agreeement===
The terms of the resolution are then put into either a formal separation agreement or are drafted as an order that the parties will ask the court to make by consent.