The Participation Agreement

The heart of a collaborative divorce is the Participation Agreement. At the commencement of the collaborative divorce, the parties and their lawyers sign a Participation Agreement that binds the parities to settle their differences by compromise and negotiation. The Agreement forbids either party from threatening to go to court. The Agreement pledges each party to transparency, honesty, full disclosure, and mutual courtesy and respect. If a party violates this pledge, both parities are required to discharge their respective lawyers and start over with litigation counsel.

Click here to view a sample Participation Agreement.

Another important document is the Collaborative Law Retainer Agreement, in which the attorney is hired by the client to perform collaborative representation. Click here to view Ronald Johnston’s Collaborative Law Retainer Agreement.

A collaborative divorce may  also be known as a peaceful divorce, collaborative practice, a negotiated divorce, an alternative divorce, or a mediated divorce.

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