The Goal of Collaborative Divorce

The goal of Collaborative Separation and Divorce is to help the divorcing couple to work successfully within the Collaborative Law structure to achieve a positive resolution that minimizes the negative economic, social, and emotional consequences families often experience in the traditional adversarial separation and divorce process.

In order to accomplish this goal, three independent disciplines work together as a team to integrate the legal, emotional and financial aspects of separation and divorce.

The Role of the Divorce Coach

The Collaborative Divorce Coach will work with the couple to:

1. Identify and prioritize the concerns of each person
2. Build effective conflict resolution skills
3. Develop effective co-parenting skills
4. Work collaboratively with the couple, their lawyers and other involved professionals to enhance communication and reduce misunderstandings
5. Direct their best efforts towards keeping the collaborative process moving toward resolution

The Role of the Child Advocate

The Child Advocate will work with the child to:

1. Provide the child with an opportunity to voice his/her concerns regarding the separation and divorce
2. Provide the parents with information and guidance to help their children through this process
3. Give information to the coaching team that will help in developing an effective co-parenting plan

The Role of the Financial Specialist

The Financial Counsellor will work with the couple to:

1. Provide ongoing practical financial guidance, and plan support and budgeting throughout the separation and divorce processes
2. Assist with the discovery process gathering documentation of income and expenses plus assets and debts for the documents and proceedings

The Role of the Collaborative Lawyer

1. Represents the best interests of his/her respective client while maintaining the overall goal of a collaborative process
2. Works collaboratively with the other lawyer and the Collaborative Team

The Responsibility of the Client

Each party involved in the divorce agrees:

1. To make every effort to reach amicable solutions which promote the children’s best interests. The Parties agree to act quickly to mediate and resolve differences related to the children to promote a caring, loving, and involved relationship between the children and both parents. The Parties acknowledge that inappropriate communications regarding their dissolution can be harmful to their children. They agree that settlement issues will not be discussed in the presence of their children, or that communication regarding these issues will occur only if it is appropriate and done by mutual agreement, or with the advice of the Child Advocate. The Parties agree not to make any changes to the residence of the children without first obtaining the written agreement of the other Party.
2. To maintain the confidentiality of all content (written and oral) of the sessions and agrees that under no circumstances will any of this content be used in any future adversarial process.
3. To work for the best interest for the family as a whole.
4. Although the Parties have agreed to work outside the court system, the Parties also agree that, pending settlement:
   1. Neither Party will dispose of any assets except by an agreement in writing.
   2. Neither Party may harass the other Party; and
   3. All available insurance coverage must be maintained and continued without change in coverage or beneficiary designation.

Confidentiality

1. Both parties agree to sign confidentiality waivers with the Collaborative Divorce Coaches to waive privilege with each Collaborative Law Lawyer involved in the process. The specifics of this will be discussed before the confidentiality waivers are signed. The purpose of having signed waivers is to be able to speak freely with the different professionals involved to facilitate a team approach.
2. All materials without these specific waivers remain closed and confidential in accordance with state laws. Confidentiality may be waived only in the following situations:
   1. If there is a reason to believe that you are in danger of hurting yourself
   2. If you express an intention to hurt someone else
   3. If there is reasonable suspicion of child or elder abuse
3. Should either party elect to move from the Collaborative Process toward a court process, all materials including all content (both written and oral) of counselling sessions will remain confidential and may not be used in any court proceedings.

Election to Terminate

If either party decides that the Collaborative Divorce process is no longer viable and elects to terminate the status of the case as a Collaborative Divorce matter, he/she agrees to, in writing, immediately inform the other Party, their coach, and their respective lawyers.

A Divorce Coach must withdraw from the Process in the event that they learn that their client has withheld or misrepresented information and continues to withhold and misrepresent such information, or otherwise act so as to undermine or take unfair advantage of the Collaborative Divorce Process.  The Coach withdrawing will advise the other Team members in writing that he/she is withdrawing and that the Collaborative Divorce Process must end.

The Collaborative Divorce Coach reserves the right to withdraw from the case for any reason except those set out in the immediate paragraph above. They agree to provide written notice of withdrawal to both Parties through their lawyers. The divorcing parties may elect to continue with the Process and shall give prompt written notice of this intention to each other through their lawyers.

The withdrawing Coach will make every effort to provide suitable referrals to other Divorce Coaches to facilitate the engagement of a new Coach. The new Coach shall execute a new Collaborative Divorce Agreement within 30 days of the Coach first giving notice. If a new Agreement is not executed within 30 days, then both Parties shall be entitled to proceed as if the Collaborative Divorce Process was terminated as of the date the first written notice was given.

In the event of a termination, all incurred fees are due and payable.

Limitations

While the Collaborative Divorce Process is not a guarantee of success and cannot eliminate past disharmony and irreconcilable differences, we believe it offers a positive method, building towards a cooperative solution. For couples with children, it assists them in building a positive co-parenting relationship.

I HAVE READ THE ABOVE STATEMENT IN ITS ENTIRETY, UNDERSTAND THE CONTENT, AND AGREE TO ITS TERMS.