What Is A Participation Agreement?

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The Participation Agreement is a unique and crucial component of the Collaborative Process. It serves as a roadmap for your journey through the process, formalizing your commitment to Collaborative values and principles, including your pledge to avoid court proceedings. Typically, this agreement is signed at or before the initial four-way meeting involving the lawyers and clients. The Participation Agreement includes the following key elements:

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• If the collaborative process fails to resolve the conflict and the clients decide to pursue court proceedings, they will engage different lawyers.

• The parties commit to working towards a resolution in the family's best interests, particularly when children are involved.

• The parties agree to engage in respectful communication, refraining from threats of litigation.

• Both parties commit to full financial disclosure, entailing honesty and fairness in sharing financial information.

• The parties acknowledge that all negotiations are confidential and will not be used against them in court.

• If a client violates any of these rules, the lawyer must withdraw from the process and inform the other party's lawyer that the process has ended.