What Is A Collaborative Participation Agreement

Negotiations in a collaborative process are confidential and protected as if they had taken place in mediation. In some states, the legislature has passed the Uniform Collaborative Law Act, which provides protection against collaborative negotiations used in court, in Wisconsin, which does not yet have the Uniform Collaboration Act, protection is mediated by the participation agreement as a form of mediation. In this type of agreement, the parties and lawyers communicate and negotiate directly with each other in structured four-way settlement discussions. The Participation Agreement is an agreement between the two parties to voluntarily disclose all relevant financial and other information and to proceed with settlement negotiations with respect and good faith. Clients acknowledge that inappropriate communication regarding their divorce can be detrimental to their child(s). You agree that comparison issues will not be discussed in the presence of your child(s) or that communication with the child or children regarding these matters will only take place as appropriate and by mutual agreement or with the assistance of the neutral facilitator or a child specialist. The Customer undertakes not to make any changes to the child(s) of residence without first obtaining the written consent of the other Customer. “In the event that the parties require a temporary agreement during the collaborative legal process, the agreement must be submitted in writing and signed by the parties and their lawyers. If either party leaves the collaborative legal process, the written agreement is enforceable and may be submitted to [C]ourt as the basis for an order that the court may issue retroactively to the date of the written agreement. If a party refuses to comply, the final agreement may be submitted to the Court of Justice as part of any subsequent action after the signing of a final agreement. 1 The Parties acknowledge and agree that their individual communications during the process, including otherwise privileged information, may be shared by and between their respective lawyers and other team members. .