Collaborative Divorce FAQ: No Settlement

Because the parties and attorneys sign a Participation Agreement, if settlement cannot be reached and the Collaborative Process terminates, both attorneys and all members of the Team are prohibited from ever representing the clients in a traditional litigated divorce.  This provision creates a “safety net” or a “safe container” for the couple because neither has to fear threats of court action and neither wants to start over and hire new attorneys.  The attorneys also do not want to lose clients, so they work hard to overcome any impasse.  Like all information and documentation prepared for the purpose of settlement, if a couple chooses to terminate the Collaborative Divorce Process all information and documentation created specifically for the Collaborative Divorce Process is protected and cannot be disclosed in the subsequent court proceedings.

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