Medicine Hat Collaborative Family Law Contract

COLLABORATIVE LAW CONTRACT

AMONG:

_______________________________
Client - Husband/Father

- and -

_______________________________
Lawyer for Husband/Father

- and -

_______________________________
Client - Wife/Mother

- and -

_______________________________
Lawyer for Wife/Mother

1 GOALS

1.1 We believe that it is in the best interests of ____________________ and ____________________ and their children to resolve their differences through interest-based negotiation rather than by going to Court.

1.2 We agree to use the Collaborative Law Process (called the "Process" in this Contract) to resolve our differences. This Process is based on:
· honesty;
· compromise;
· co-operation;
· moderation;
· integrity; and
· professionalism.

This Process is focused on the future wellbeing of ____________________ and ____________________ and their child(ren).

This Process does not rely on Court imposed solutions.

1.3 Our goals are:
· to resolve all of ____________________'s and ____________________'s differences in the best interests of their child(ren);
· to eliminate the negative economic, social and emotional consequences of litigation; and
· to find solutions that are acceptable to ____________________ and ____________________.

2 WE WILL NOT GO TO COURT

2.1 We commit ourselves to settling this case without going to Court.

2.2 We agree to give complete, honest and open disclosure of all information, whether requested or not. Any request for disclosure of information will be made informally. ____________________ and ____________________ will provide this information immediately.

2.3 We agree to engage in informal discussions and conferences to settle all issues.

3 CAUTIONS

3.1 ____________________ and ____________________ understand there is no guarantee that they will successfully resolve their differences with this Process.

3.2 ____________________ and ____________________ understand this Process is designed to solve only the following legal problems of ____________________ and ____________________ (please list)
·
·
·
·
·
This Process is not personal or marriage counselling.

3.3 ____________________ and ____________________ understand they are still expected to assert their respective interests and that their lawyers will help each of them to do this.

3.4 ____________________ and ____________________ understand that they should not lapse into a false sense of security that the Process will protect them.

3.5 ____________________ and ____________________ understand that each of their lawyers has a professional duty to represent his or her own client diligently and is not the lawyer for the other party, even though their collaborative lawyers share a commitment to this Process.

4 LAWYERS' FEES AND COSTS

4.1 ____________________ and ____________________ agree that their lawyers are entitled to be paid for their services. ____________________ and ____________________ will each pay their own lawyer.
OR
4.1 ____________________ and ____________________ agree that their lawyers are entitled to be paid for their services. ____________________ and ____________________ will each pay one half of each of the amount owed to each lawyer.

5 PARTICIPATION WITH INTEGRITY

5.1 We will respect each other.

5.2 We will work to protect the privacy and dignity of everyone involved in this Process.

5.3 We will maintain a high standard of integrity.

5.4 We will not take advantage of any mistakes anyone makes in this Process.

5.5 We will immediately identify and correct any mistakes.

6 EXPERTS

6.1 If we need experts, ____________________ and ____________________ will hire them jointly unless they agree otherwise in writing.

6.2 We agree to direct all experts to help ____________________ and ____________________ to resolve their differences without litigation.

7 CHILD(RENS)' ISSUES (IF APPLICABLE)

7.1 We agree:
· to act quickly to resolve differences related to ____________________'s and ____________________'s children;
· to promote a caring, loving and involved relationship between ____________________'s and ____________________'s children and each parent;
· not to seek a custody evaluation during this Process;
· not to involve ____________________'s and ____________________'s children in their differences; and
· ____________________ and ____________________ will attend the Parenting After Separation Seminar.

8 WE WILL NEGOTIATE IN GOOD FAITH

8.1 We acknowledge that each lawyer represents only one client in this Process.

8.2 We understand that this Process will involve vigorous good faith negotiation, even with full and honest disclosure.

8.3 Each of us will be expected to take a moderate approach in all differences. Where ____________________'s and ____________________'s interests differ, each of us will use our best efforts to create proposals which are acceptable to ____________________ and ____________________. If necessary, we will compromise to reach a settlement of all issues.

8.4 None of us will use threats of litigation as a way of forcing settlement, although each of us may discuss the likely outcome of going to Court.

9 ABUSE OF THE COLLABORATIVE PROCESS

9.1 We understand that both lawyers must withdraw from this case if either lawyer learns that either ____________________ or ____________________ has taken unfair advantage of this Process. Some examples of such violations of this Process are:
· ____________________ or ____________________ abusing their child(ren);
· ____________________ or ____________________ planning or threatening to flee the jurisdiction of the Court with their children;
· disposing of property without the consent of the other person;
· withholding or misrepresenting information;
· failing to disclose the existence or the true nature of assets or debts; or
· failing to participate in the spirit of this Process.

10 WHAT HAPPENS IF SOMEONE GOES TO COURT

10.1 ____________________ and ____________________ understand that their lawyer's representation is limited to this Collaborative Law Process. Neither of the lawyers can ever represent their own client in Court in a proceeding against the other client.

10.2 However, if ____________________ and ____________________ agree, the lawyers may file divorce documents or other documents reflecting the terms of ____________________'s and ____________________'s agreement reached in this Process.

10.3 If either ____________________ or ____________________ goes to Court, both lawyers will be disqualified from representing either ____________________ or ____________________.

10.4 If this Process ends, both lawyers will be disqualified as witnesses, even if ____________________ and ____________________ agree otherwise in writing.

10.5 If this Process ends, all experts will be disqualified as witnesses and their opinions and reports will be inadmissible as evidence, unless ____________________ and ____________________ agree otherwise in writing.

11 PROMISE TO FOLLOW CONTRACT

11.1 ____________________ and ____________________ agree to follow this Contract and to promote both the spirit and the written word of this Contract.

Dated at Medicine Hat, Alberta on __________________, 2000.