GUIDELINES FOR PARTICIPATION

PARTIES

The parties are required to sign the Collaborative Participation Agreement which commits them to the following:

1. The parties participate in good faith to reach an agreement that addresses each party’s interests and concerns.

2. Each party makes a full and total disclosure to his or her attorney and the other party of all facts pertinent to their legal matter.

3. A party does not ask or expect his or her attorney to advance an unethical or illegal position.

4. At all times the parties communicate respectfully and constructively with each other to settle their legal matters promptly and economically.  The parties do not engage in unnecessary discussions of past events.

5. Unless mutually agreed, the parties discuss settlement only in the conference setting.  Settlement issues are not discussed in the presence of the parties’ children or at unannounced times by telephone calls or appearance at one or the others residence or place of employment.

6. Confidentiality among all team members is waived and communication among all the professionals is allowed.

7. The parties will enter into a separate fee agreement with each professional employed in the collaborative process.

8. The parties will also sign a Statement of Understanding among team members as will all of the professionals involved.

PRACTITIONERS

A.  ATTORNEYS: The collaborative process requires attorneys to practice in a way that permits an interdisciplinary team approach to reaching a cooperative resolution.  This method of practice includes the following skills and behaviors:

1. Attorneys advise their respective clients of the law that applies to the parties’ circumstances.

2. Each attorney signs a separate retainer/fee agreement with their client which indicates they will withdraw from the case if the clients proceed to court for any reason other than to obtain a final settlement of the case.

3. Attorneys model for their clients a commitment to honesty, dignified behavior and mutual respect.

4. Attorneys guide their clients through a process of cooperative conflict where disagreements between the parties are used for the productive purpose of finding creative solutions to reach a cooperative settlement.

5. Attorneys model for their clients the ability to hear and understand (active listening) what is important to the opposing party so that the interests of both parties are promoted.  Each attorney represents his or her client’s interests while validating the other party’s interests.

6. Attorneys bring stability and reason to emotionally charged situations.  Each attorney uses clear, conciliatory language in speaking and writing while advocating his or her client’s position.

7. Attorneys cooperate with each other and other members of the interdisciplinary team to provide all necessary disclosure and discovery.

8. Attorneys cooperate in setting reasonable deadlines for the completion of assignments and tasks.

9. Attorneys remain committed to settlement despite impasse and refrain from using such adversarial techniques or tactics as “I’ll see you in Court”.  Court involvement is not an option for resolution.

10. Attorneys are committed to finding effective ways to assist parties in reaching agreement and overcoming impasses.

11. Neither attorney prepares or files any documents with the Court except with the mutual agreement of all concerned.

12. Attorneys sign the Statement of Understanding among team members.

B. MENTIAL HEALTH PROFESSIONALS: The collaborative process requires mental health professionals to practice in a way that permits an interdisciplinary team approach to reaching a cooperative resolution.  This method of practice is not traditional therapy in which the client and therapists engage in a process of analyzing behavior in the context of a client’s past history.  The mental health professional operates as either a coach for one party or a child specialist for the child(ren).

The coaches help clients clarify their concerns; manage their emotions; develop effective communicating skills and reinforce those skills; develop effective co-parenting skills and formulate a parenting plan.

The Child Specialist listens to each child, sensitizes parents to the needs of each child in the context of divorce; gives information to parents and the coaching team to assist in developing an effective co-parenting plan.

1. The parties are required to sign a retainer/fee agreement with their individual coach and both sign a retainer/fee agreement with the child specialist.

2. Coaches advise their respective clients to focus on the current set of circumstances.

3. Coaches model for their clients a commitment to honesty, dignified behavior and mutual respect.

4. Coaches approach their clients through a process of “cooperative conflict” where disagreements between the parties are used for the productive purpose of finding creative solutions to reach a cooperative settlement.

5. Coaches model for their clients the ability to hear and understand (active listening) what is important to the opposing party so that the interests of both parties are promoted.  Each Coach represents his or her client’s interests while respecting the other party’s right his or her position.

6. Coaches assist their clients with their communication skills so that the clients can agree upon a parenting plan for the children if applicable.

7. Coaches bring stability and reason to emotionally charged situations.

8. Coaches and the Child Specialist cooperate with each member of the interdisciplinary team to support the need for honest and complete disclosure and discovery.

9. Coaches and the Child Specialist cooperate with other members of the interdisciplinary team and clients in setting reasonable deadlines for the completion of assignments and tasks.

10. Coaches and the Child Specialist remain committed to assisting the parents in reaching a parenting plan that best serves their family.

11. Coaches and the Child Specialist are committed to finding effective ways to assist parties in reaching agreement and overcoming impasses.

12. The Coaches sign the Statement of Understanding among team members.

C. FINANCIAL NEUTRALS: (financial planners, CPA, CFP CHFC) The collaborative process requires Financial Neutrals to Practice in a way that permits an interdisciplinary team approach to reaching a cooperative resolution.  This method of Practice is different because the Financial Consultant is not working for an individual client; he or she is working toward a fair and equitable resolution of the financial situation and future needs of the family.

1. The parties are required to sign a retainer/fee agreement with the Financial Neutral.

2. Financial Neutrals advise the clients regarding their current financial situation.

3. Financial Neutrals model for their clients a commitment to honesty, dignified behavior and mutual respect.

4. Financial Neutrals educate the clients through a process of “cooperative conflict” where disagreements between the parties are used for the productive purpose of finding creative solutions to reach a cooperative settlement.

5. Financial Neutrals model for the clients the ability to hear and understand (active listening) what is important to the interests of both parties in reaching a settlement of the financial issues in the case.

6. Financial Neutrals bring stability and reason to emotionally charged situations and are agents of reality for both parties.

7. Financial Neutrals use techniques which convey clear, conciliatory language in speaking and writing while advocating possible resolutions for conflict.

8. Financial Neutrals cooperate with each member of the interdisciplinary team to support the need for honest and complete disclosure and discovery of financial information.

9. Financial Neutrals cooperate with other members of the interdisciplinary team and clients in setting reasonable deadlines for the completion of assignments and tasks.

10. Financial Neutrals remain committed to settlement despite impasse.

11. Financial Neutrals are committed to finding effective ways to assist parties in reaching agreement and overcoming impasse.

12. Financial Neutrals sign the Statement of Understanding among team members.