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Collaborative Practice Participation Agreement

A copy of a participation agreement can be seen here.

It will be tailored to suit you and your partner's needs.

A typical agreement contains the following:

  • agreement hand shake It must be signed by the partners and their lawyers.
  • The principles of the collaborative process are set out.
  • It provides for the lawyers to inform their clients of their legal rights and obligations in joint meetings.
  • It provides for the partners and their lawyers to work cooperatively to reach agreement on all important issues.
  • It provides for independent experts to be appointed to advise and assist where necessary.
  • It provides that the partners will not go to court or use threats of court in the process.
  • It further provides that the lawyers cannot continue to act for either party in the event that the process fails.
  • It prohibits either party from using information and/or settlement offers or proposals discussed in the process in court.
  • It requires the lawyers and/or the partners to give notice if they no longer want to participate in the process.
  • It requires a lawyer to stop participating if they learn that either partner has taken unfair advantage of the collaboration.
  • It makes provision for any agreement reached to be finalised with either orders made by a court with the consent of the partners or a binding financial agreement.
  • It makes provision for the funding of the process

The Collaborative Law Process

ABC Interview: Nicer Ways To Break Up with Sue Abrahams and Bernie Bolger

Note: Discussion on collaborative practice starts at 16.52