COLLABORATIVE LAW AGREEMENT - Lethbridge

COLLABORATIVE LAW AGREEMENT

BETWEEN:

HUSBAND

"the Husband"

-and-

Husband's Lawyer

"the Husband's Lawyer"

-and-

Wife

"the Wife"

-and-

Wife's Lawyer

"the Wife's Lawyer"

1. AGREEMENT TO PRINCIPALS OF COLLABORATIVE LAW PROCESS

The Husband and Wife, and their Lawyers are entering into this agreement to resolve the issues between them amicably, and without the cost and difficulty of litigation. As such all parties agree as follows:

a) That the lawyers retained by the parties hereto are retained for the sole purpose of providing legal advice to the Husband and Wife, and for the sole purpose of assisting in resolution of all issues between the Husband and Wife by negotiation;

b) That the lawyers will commit to finding a negotiated resolution of all issues between the parties, and will not do anything to discourage that process;

c) That the Husband and Wife will also commit to finding a negotiated resolution of all issues between them, and will conduct themselves, inside and outside of the negotiation process in a manner that will assist in that commitment;

2. NO COURT APPLICATIONS

The Husband and Wife will not go to Court. During the negotiation process, neither the Husband nor the Wife shall bring any Court application, directly or indirectly, and to that effect:

a) The parties will honestly and fully disclose all information to each other. They shall provide full and complete disclosure as is requested by the other party, with regard to all issues relevant to the issues in question;

b) The parties are free to discuss all matters in the negotiation without fear that their statements could be later used against them in Court. The parties confirm and acknowledge that all discussions and disclosures made during the negotiation process, are made for the purposes of negotiation and as such are "without prejudice" and cannot be used against them in any litigation;

c) The parties confirm and acknowledge that the nature of the negotiation process will put each lawyer and their associated law firm, in a position of obtaining significant and otherwise confidential, and perhaps privileged communication. To protect the rights of both parties, therefore, it is agreed that neither lawyer shall be at liberty to continue to provide representation to either party in the event that any Court application is commenced or continued by the Husband or the Wife.

3. CAUTIONS

a) There is no guarantee that the parties will be able to reach an agreement. It is possible that this process will not be successful, however, if the parties cannot reach agreement, the lawyers who are parties to this agreement cannot continue to represent the Husband or the Wife.

b) The parties agree and understand that this process is not intended to be, nor can it be, marriage or mental health counseling, such that the issues to be address shall be limited to those legal issues requiring resolution between the parties.

c) The lawyers do not represent both clients. The parties agree that while the respective lawyers who are also parties to this agreement are committed to negotiation in an atmosphere of honesty and integrity, they cannot look to the lawyer representing their spouse to provide legal advice or information and that they must continue to rely solely on the advice of their own lawyer. Each lawyer continues to have an obligation to represent their respective client diligently and cannot be, or represent themselves to be, representing the legal interests of the other party.

4. LAWYER'S FEES AND COSTS

The lawyers agree that they are providing their services to the parties herein at an agreed hourly rate of $200.00 per hour. It is anticipated at a minimum, in order to reach a resolution of all issues, it will require five hours of each of the lawyers in negotiation and discussions, such that the parties agree that each lawyer in the process will be provided with a retainer, in advance of commencing a Collaborative Law Process in the sum of $1,000. Notwithstanding the foregoing the parties understand and acknowledge that depending on the nature of the discussions and negotiations, it may take longer than five hours, in which case those services will also be provided at an agreed billable rate of $200.00 per hour per lawyer. Further funds will be made available if required, to assure payment of those fees to be available from jointly or solely held assets for those purposes to assure adequate representation of both parties to the process.

5. EXPERTS

Where necessary, the parties will jointly retain expert opinions to help settle the issues between them. Where it is necessary to retain the services of independent experts any experts so retained will be agreed to between both parties, will be paid for jointly unless agreed otherwise. In the event that such expert should provide a formal written opinion, that written opinion will not be subject to privilege and will be compellable in litigation by either party should issues not be resolved by agreement.

6. CHILDREN'S ISSUES

The parties agree that should there be issues relating to any minor children of the relationship, the parties will, forthwith, complete the parenting after separation course. All issues relating to the children will be resolved in a manner that is based upon a desire to minimize conflict between the parents and maximize contact between the children and both parents.

If an issue arises relating to the children that cannot be resolved by discussion and negotiation, the parties will retain an independent expert, agreed to between the parties, at their joint expense, to provide a recommendation to all issues in disagreement. In the event that the written report of the expert does not result in an agreement between the parties such expert report will not be subject to privilege and will be compellable by litigation should issues not be resolved by agreement.

7. PROCESS TIME FRAME

The parties will meet as often as possible to resolve their issues quickly. The parties acknowledge that in order to facilitate reasonable negotiation and resolution of all issues between them, it requires all parties and their lawyers to make a commitment to regular ongoing negotiation meetings such that the parties confirm that they will make themselves available for settlement meetings on a weekly basis until a resolution of all issues between them (or such other time frame as the parties may agree to).

8. TERMINATION OF COLLABORATIVE LAW PROCESS

The Collaborative Law process will be terminated if either party brings a Court application, or indicates a formal intention, in writing, to withdraw from the process. The parties agree and acknowledge that either party may withdraw from this process at any time, which may be done by providing written notice to the lawyer for their spouse, or by implication, by either party commencing or continuing with any contested Court application relating to any matter in issue between the parties, at which time, both lawyers shall be obligated to immediately cease to act for both parties hereto.

Dated at the ________ of _____________________, in the Province of Alberta, this

_____ day of _______________, 2001.