When the application for divorce is made, the court will want to see that reasonable financial arrangements have been made by the parents
during the collaborative process for the support of the children.
If litigation is commenced
during the collaborative process by one of the participants, all attorneys and experts are relieved of representation and the parties need to retain new counsel for the litigation process.
Legally, this has been established through the creation of a statutory privilege which will prevent, except in certain, limited circumstances, communications and
negotiations during the collaborative process from ever being used against the other spouse in court.
The law, called the Collaborative Law Process Act creates a statutory privilege, similar to the attorney - client privilege that, except in limited circumstances, prevents communications and negotiations
during the collaborative process from ever being used against a spouse in court.
However, should the parties not reach any agreements, any documents or information
exchanged during the collaborative process can later be used in further legal proceedings, as the collaborative process is not a confidential proceedings absent some binding agreement that says it is confidential.
Collaborative Practice Coaches are licensed mental health professionals such as a psychologist or a social worker retained specifically to enhance the client's listening and communication
skills during the collaborative process.
This means that none of the information or documentation
produced during the collaborative process can be used by either party if the process is unsuccessful and they end up taking a litigious path in their divorce proceedings.
And, once the newly signed Collaborative Law Process Act goes into effect, discussions had
during the collaborative process will be protected by a statutory privilege.
«Lisa was extremely instrumental in supporting
me during the collaborative process in my divorce.
Typically, each person will have their own coach to assist
them during the collaborative process.
The parties and their Collaborative Attorneys agree that they will not go to court to ask a judge to resolve their dispute for
them during the Collaborative Process.
It must be understood, however, that if the case does not resolve through the collaborative process, then you will have to start from scratch, and remember, due to the privilege that exists
during the collaborative process, nothing that was said or done during the collaborative process can then later be used by either party in the court case.
During Collaborative Process, waive right to formal discovery such as interrogatories, subpoenas, depositions.
During Collaborative Process, Client gives up right to formally object to production of any discovery to the other side
During the Collaborative process, the parties may choose to engage other neutral professionals, such as appraisers and valuation experts, to assist with specific tasks that require their unique expertise.
Effective October 1, 2014, this law allows divorcing couples to craft their own agreement to protect their confidential information
during the Collaborative Process.