We have included here a sample Collaborative Divorce Law Agreement. The language is standardized, but the names used at the bottom are artificial.

COLLABORATIVE DIVORCE LAW AGREEMENT

I. GOALS

■ We acknowledge that the process of collaborative divorce law is the shared belief that it is in the best interests of couples involved in the divorce process and their families to avoid litigation. We adopt this process, which does not rely on a court-imposed resolution, but on an atmosphere of honesty, cooperation, integrity and professionalism dedicated to the future well-being of the family. Our goal is to minimize the negative economic, social and emotional consequences of protracted litigation on the participants and their families.

■ We commit ourselves to the collaborative divorce process to resolve our differences justly and equitably.

II. NO COURT OR OTHER INTERVENTION

■ We commit ourselves to settle our case without court intervention, adversarial techniques or litigation. We agree to give full, honest and open disclosure of all relevant financial and custodial information to resolve the issues whether requested or not.

■ The clients shall retain any outside professionals jointly and shall come to an agreement as to how the cost should be shared. We agree to require all attorneys, accountants, therapists, appraisers and other consultants retained by us to work in a collaborative effort.

III. CHILDREN’S ISSUES

■ We will make every effort to reach amicable solutions that promote our children’s best interests. We will quickly resolve differences about our children to promote a caring, loving and involved relationship between our children and ourselves. We agree not to involve our children in our negotiations.

IV. EXPECTATIONS

■ 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 disharmony, distrust and irreconcilable differences which have led to the decision to divorce. We understand that we are still expected to assert our respective interests and that our respective attorneys will help us do so. We understand that while our collaborative attorneys share a commitment to this process, they have a professional duty to represent us diligently, and neither is the attorney for the other party.

V. PARTICIPATION WITH INTEGRITY

■ We will protect the privacy, respect and dignity of all involved. We will maintain a high standard of integrity and will not take advantage of each other or the miscalculations or inadvertent mistakes of others, but will identify and correct them.

VI. NEGOTIATION IN GOOD FAITH

■ 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 of 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. We acknowledge that predictions of litigated outcomes are imprecise and may cover a range of outcomes and alternatives.

VII. TERMINATION OF COLLABORATIVE PROCESS

■ We understand that our collaborative attorneys will immediately withdraw from the case upon learning that a client refuses to disclose or misrepresents relevant financial or custodial information or acts in a way to undermine the collaborative process or fails to participate in the spirit of the collaborative process.

■ We understand that our attorneys’ representation is limited to this collaborative divorce which includes the complaint, answer and/or cross complaint, the case management agreement, dealing with related case management issues and completing all documents related to the final judgment and attending the final divorce hearing. [If postjudgment matter: “…this collaborative post-judgment matter regarding, e.g., alimony…:] We understand that our attorneys will not be filing a formal “Appearance” in the divorce action unless requested by the court for limited purpose of putting on uncontested hearing. Any subsequent involvement of the attorneys shall be limited to the collaborative process.

■ In the event that we or our attorneys engage in adversarial court procedures, formal discovery or otherwise threaten or initiate adversarial action, both attorneys will be disqualified from representing us in court and the collaborative process shall terminate.

■ In the event that the collaborative divorce process terminates, all consultants will be disqualified as witnesses and their work product will be inadmissible as evidence. Either party may terminate the collaborative process, but the discussion to end the process will occur at a meeting with the other party and the attorneys.

VIII. ATTORNEY’S FEES AND COSTS

■ We agree that our attorneys and other professionals shall be paid for their services. We agree to make funds available for this purpose and to comply with the terms of our individual retainer agreements.

■ If experts are needed, we will retain them jointly unless all parties and their attorneys agree otherwise in writing.

IX. PLEDGE

WE HEREBY PLEDGE TO COMPLY WITH AND TO PROMOTE THE SPIRIT AND WRITTEN WORD OF THIS DOCUMENT.