There are those divorce cases where the separation is agreed upon by both parties and will be deemed beneficial and mutual. In these cases, the type of separation is called mutual separation and will be considered as a collaborative-type of divorce. The most important part of this type of divorce is the Participation Agreement.
The agreement states that the lawyers will not litigate the case wherein if the process fails, this will not end up in court else the lawyers will have to disqualify themselves from the case. This was made to make sure that the lawyers will have the client’s best interest of trying to patch things up while making the likelihood of a court appeal as the last choice.
That neither of the two parties will take advantage of any mistake the other party might make. This is to make sure that trust is still established amongst both parties on the matter that children will be involved. Also the fact that while under the process of collaboration, any short term mistake taken advantage of might lead to long term distrust. It is important that both parties exercise honesty and a fair sense of judgment.
Both parties are not to hide anything essential to the discussions. Lawyers and attorneys however, are not required to disclose anything personal or anything that is considered private and protected by law for their client’s best interest. This works in accordance with the second emphasis on trust. Trust within the party, between lawyer and client.
All experts that are part of the discussion are required to be a part of the neutral third party. Experts hired for collaborative cases should be impartial and should be obliged to release results in terms of mental health, financial condition and other aspects in truth. Everyone is expected to work in courtesy and in good faith.
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