1. Collaborative Divorce involves the creation of a network of trusted and respected attorneys who, if the client requires it, enter into agreements with their opposing attorneys in terms whereof:
- a. The attorneys engage for the sole purpose of negotiating the divorce settlement, and
- b. If a settlement cannot be reached, the attorneys agree to step out of the picture and for the parties to go to other attorneys if they need to litigate.
- c. Multi-disciplinary teams are assembled to assist the clients resolve the parenting issues, the financial issues and the personal issues that inform the circumstances of their divorce.
2. In order for attorneys to competently represent clients in a collaborative mediation process, a certain amount of training is required in areas such as:
- a. Managing client’s expectations.
- b. Clarifying for client’s the ground rules relating to disclosure and privilege.
- c. A commitment of good faith on the part of the clients and an undertaking on the part of attorneys to withdraw from the process if good faith is not shown by their client.
- d. A multi-disciplinary approach where, instead of having opposing experts appointed by each party, the parties jointly appoint the experts and the costs thereof are shared by the parties or on such ratios such parties agree.