Courtesy of: Maryland Collaborative Law Association, Inc., 2004

COLLABORATIVE FAMILY LAW PARTICIPATION AGREEMENT

The parties to this COLLABORATIVE FAMILY LAW PARTICIPATION AGREEMENT (Agreement) include the SPOUSES (Spouses) and the ATTORNEYS (Attorneys) as delineated at the end of this Agreement.

Preface

The Participants shall use a form of alternative dispute resolution referred to as the Collaborative Law Process (Process) as promulagated by the Maryland Collaborative Law Association, Inc. (MCLA)

The Participants agree:

1.  INTRODUCTION

1.1 The Process is based on the shared belief of the Participants that it is in the best interests of Spouses and their family to resolve their differences with less contention than typically incurred in adversarial litigation.  The Spouses seek to adopt this conflict resolution alternative to judicial determination of the issues, and to forge self-directed solutions for their disputes rather than court determined solutions, as set forth in this Agreement. The Participants understand and agree this alternative process requires an atmosphere of honesty, cooperation, integrity, and professionalism.

1.2 The goal of the Process is to develop dispute resolution for the benefit of the Spouses and their children, without protracted  adversarial litigation and the attendant negative economic, social and emotional consequences.  The Spouses have retained Attorneys who are members of the MCLA to assist them in reaching these goals.

1.3 The Spouses recognize and understand the limitations of the Process, and there is no promise of successful resolution of any or all of the disputes and issues between them.  The Spouses begin the Process with the intent of reaching a collaborative solution, but they recognize success just may not happen for any of many reasons. The combination of emotions, disharmony, distrust and irreconcilable differences may be such that their disputes cannot be resolved, despite the efforts of the Participants.

1.4 It is consistent with the Process that each Spouse act in their own best interest.  Cooperation does not mean a Spouse must put the interests of the other ahead of his or her own interests (except where it is strategically advantageous to do so).

1.5 The Spouses are encouraged to openly discuss and explore all their disputes and concerns, to speak freely and openly regarding his or her needs, desires and options without criticism, condescension or judgment by the other Spouse. While the Spouses are encouraged to remain informed about, and may discuss, litigation alternatives, neither Spouse should use the threat of withdrawal from the Process or judicial intervention as a means of forcing a desired outcome or a settlement.

1.6 No formal discovery procedure, as set forth in Title 2-400 et. seq., Maryland Rules of Procedure will be used during the Process unless specifically agreed to in writing by the Spouses and their Attorneys. The Spouses acknowledge by using informal discovery, they surrender certain fact-accumulating procedures and methods available in litigation. If the Process fails and the Spouses resort to litigation, the Spouses agree participation in the Process does not waive their rights to all discovery devices provided for by the Maryland Civil Rules.  The Spouses agree to informal discovery devices with the express understanding each will make full and fair disclosure of all assets, income, debts, expenses and all other information necessary for a principled and complete settlement. Participation in the Process is grounded on the assumption the Spouses will act in good faith and  provide complete and accurate information to the best of their ability.  From time to time, the Spouses shall be required to sign a financial statement substantially in the form required by the Maryland Rules of Civil Procedure, making full and fair disclosure of their income, expenses, assets and liabilities, under oath substantially in the form

Filed under: Collaborative Family Law