GUIDELINES FOR PARTICIPATION

A.    Guidelines for Attorneys for Practice of Collaborate Law.

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

  1. The attorneys advise their respective clients of the law that applies to the parties' circumstances.
  2. The attorneys sign a separate retainer/fee agreement with each client.
  3. The attorneys model for their clients a commitment to honesty, dignified behavior and mutual respect.
  4. The 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. The 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. The attorneys bring stability and reason to emotionally charged situations and are agents of reality for unreasonable clients. Each attorney uses clear, conciliatory language in speaking and writing while advocating his or her client's position.
  7. The attorneys cooperate with each other and other members of the interdisciplinary network to provide all necessary disclosure and discovery.
  8. The attorneys cooperate in setting reasonable deadlines for the completion of assignments and tasks.
  9. The attorneys remain committed to settlement despite impasse and refrain from using such adversarial techniques or tactics as "we'll see you in Court." Court involvement is not an option for resolution.
  10. The attorneys are committed to finding effective ways to assist parties in reaching agreement and overcoming impasses, for example, mediation and case evaluation by neutral experts.
  11. Neither attorney prepares or files any documents with the Court except with the mutual agreement of all concerned.



B.    Guidelines For Child Specialist/Divorce Coaches Who Participate In Collaborate Law

Parties are required to sign a retainer/fee agreement with individual therapist serving as Child Specialist/Divorce Coaches. The collaborative law process requires Child Specialist/Divorce Coaches to practice in a way that permits a "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 therapists functions as a "coach" by assisting the client to focus on the legal crisis at hand, and it's impact on the client and his family.

  1. Child Specialist/Divorce Coaches advise their respective clients to focus on the current set of circumstances.
  2. The Child Specialist/Divorce Coaches model for their clients a commitment to honesty, dignified behavior and mutual respect.
  3. The Child Specialist/Divorce Coaches, "coach" their clients through a process of "cooperative conflict" where disagreements between the parties is used for the productive purpose of finding creative solutions to reach a cooperative settlement.
  4. The Child Specialist/Divorce 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 Child Specialist/Divorce Coaches represents his or her client's interests while respecting the other party's right his or her position.
  5. The Child Specialist/Divorce Coaches bring stability and reason to emotionally charged situations and are agents of reality for unreasonable clients. Each Child Specialist/Divorce Coaches uses coaching techniques which convey clear, conciliatory language in speaking and writing while advocating his or her client's position.
  6. The Child Specialist/Divorce Coaches cooperate with each member of the interdisciplinary team to support the need for honest and complete disclosure and discovery.
  7. The Child Specialist/Divorce Coaches cooperate with other members of the interdisciplinary team and clients in setting reasonable deadlines for the completion of assignments and tasks.
  8. The Child Specialist/Divorce Coaches remain committed to settlement despite impasse.
  9. The Child Specialist/Divorce Coaches are committed to finding effective ways to assist parties in reaching agreement and overcoming impasses, for example, mediation and case evaluation by neutral experts.



C.    Guidelines For Financial Consultants Who Participate In Collaborate Law

The collaborative law process requires Financial Consultants to practice in away that permits a "team" approach to reaching a cooperative resolution. This method of practice is different because the Financial Consultantsis not working for an individual client, he or she is working toward a fair and equitable resolution of the financial situation and future needs.
  1. Financial Consultants advise the clients regarding the current financial situation.
  2. Financial Consultants model for their clients a commitment to honesty, dignified behavior and mutual respect.
  3. Financial Consultants advise their clients through a process of "cooperative conflict" where disagreements between the parties is used for the productive purpose of finding creative solutions to reach a cooperative settlement.
  4. Financial Consultants model for their 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.
  5. Financial Consultants bring stability and reason to emotionally charged situations and are agents of reality for unreasonable clients. Each Financial Consultants use techniques which convey clear, conciliatory language in speaking and writing while advocating possible resolutions for conflict.
  6. Financial Consultants cooperate with each member of the interdisciplinary network to support the need for honest and complete disclosure and discovery of financial information.
  7. Financial Consultants cooperate with other members of the interdisciplinary network and clients in setting reasonable deadlines for the completion of assignments and tasks.
  8. Financial Consultants remain committed to settlement despite impasse.
  9. Financial Consultants are committed to finding effective ways to assist parties in reaching agreement and overcoming impasses, for example, mediation and case evaluation by neutral experts.



D.    Guidelines For Mediators Who Participate In Collaborative Law

Parties are required to sign a retainer/fee agreement with mediators. The collaborative law process requires Mediators to practice in a way that permits a "team" approach to reaching a cooperative resolution. This method of practice is similar to the traditional approach to family mediation, however, the mediator works with a team to insure the best possible results.
  1. Mediators advise their respective clients to focus on the current set of circumstances.
  2. Mediators model for their clients a commitment to honesty, dignified behavior and mutual respect.
  3. Mediators facilitate agreement through a process of alternative dispute resolution. finding creative solutions to reach a cooperative settlement.
  4. Mediators 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.
  5. Mediators bring stability and reason to emotionally charged situations and are agents of reality for unreasonable clients.
  6. Mediators cooperate with each member of the interdisciplinary team to support the need for honest and complete disclosure and discovery.
  7. Mediators cooperate with other members of the interdisciplinary team and clients in setting reasonable deadlines for the completion of assignments and tasks.
  8. Mediators remain committed to settlement despite impasse.
  9. Mediators are committed to finding effective ways to assist parties in reaching agreement and overcoming impasses, for example,case evaluation by neutral experts.