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.
Sometimes spouses agree to mediation to stall the process or to gather information for later
use against the other spouse during litigation.
Not exact matches
But another brilliant woman also shows that the same argument is
used against women who claim to be raped by their
spouse or significant
other — that it's not the same, it's not rape, it's her fault.
This requirement creates a safe, non-adversarial environment so that each
spouse knows that the
other spouse's attorney is not attempting to gather information to
use against him or her later in court.
When one parent tries to
use the child as a weapon of revenge
against the
other spouse surrounding the divorce... we must make it stop.
In fact, in the collaborative process, the attorney is contractually barred from engaging in courtroom battles; this allows each
spouse to speak openly and honestly in negotiation sessions without fear that the
other party's attorney will
use his or her words
against him or her.
On the
other hand, if you refuse to let your son see that same suicidal
spouse because you think your
spouse is mentally unstable and could be dangerous to your son, your refusal can and will be
used against you to demonstrate that you are trying to deprive your son of his right to a relationship with his
other parent.
If
spouses are unable to reach an agreement in the collaborative process, they can not
use their collaborative attorneys to fight
against each
other in court.
This requirement creates a safe, non-adversarial environment so that each
spouse knows that the
other spouse's attorney is not attempting to gather information to
use against him or her later in court.
I'd say 90 percent of the time you've got the scorned
spouse who wants to lash out, who wants to
use the infidelity as a weapon
against the
other parent.