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Agreement To Principles And Guidelines Of Collaborative Law - Wyoming
| Agreement To Principles And Guidelines Of Collaborative Law Form. This is a Wyoming form and can be used in Miscellaneous Statewide . |
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AGREEMENT TO THE PRINCIPLES AND GUIDELINES OF COLLABORATIVE LAW I. INTRODUCTION A. ________________________ and ______________________ (the parties) have chosen to use Collaborative Law to settle their divorce issues. They have retained lawyers, ____________________ and ______________________who agree to use Collaborative Law to assist them in the process. B. The essence of Collaborative Law is the shared belief of the participants that is is in the best interest of parties and their family members to avoid litigation. The process relies on an atmosphere of honesty, cooperation, integrity, and professionalism geared toward the future well-being of the parties and their child/children. C. We are adopting the Collaborative Law process to eliminate the negative economic, social, and emotional consequences of litigation to the participants and their families. We commit ourselves to the Collaborative Law process and agree to resolve our differences fairly. II. NO COURT INTERVENTION By choosing the Collaborative Law process, we are committing ourselves to settling the case without court intervention. The parties agree to give complete, full, honest and open disclosure of all information, whether requested or not, and to engage in informal discussions and conferences for the purpose of reaching a settlement of all issues. All lawyers, accountants, therapists, appraisers, and other consultants retained by the parties will be directed to work in a cooperative effort to resolve issues without resort to litigation. III. DISQUALIFICATION BY COURT INTERVENTION A. The parties understand that their lawyers representation is limited to the Collaborative Law process. Each lawyer serves as his/her clients advisor, confidant, counselor, advocate, and negotiator. However, the lawyer cannot represent the client in court, or be named as the clients lawyer on any document filed with the court other than an agreement of the parties, or go to court in person with the client other then to the uncontested divorce. <<<<<<<<<********>>>>>>>>>>>>> 2B. If a party or a lawyer files a court document (other than the agreement and other documents necessary for the uncontested divorce), both lawyers will be disqualified from representing their clients. Court documents includes a request for emergency (ex parte) orders. Except upon written agreement of the parties to the contrary, all consultants will be disqualified as witnesses and their work product will be inadmissible as evidence in the case if it ceases to be a Collaborative Law case. IV. NEGOTIATION IN GOOD FAITH We understand that the process, even with full and honest disclosure, will involve vigorous good-faith negotiation. Each party will be expected to take reasoned positions in all disputes. Where such positions differ, each party will be encouraged to compromise where necessary to reach a settlement of all issues. Although the parties should be informed by their lawyer and consultants about the litigation process and the results it may attain, neither a party or a lawyer may use threats of going to court as a way of forcing a settlement. V. COMMUNICATION Written and oral communications will be respectful and constructive. The parties intend to discuss and explore the interest they have in achieving a mutually agreeable settlement. We agree that communication during settlement meetings will be focused on the economic and parenting issues in the divorce and resolution of those issues. Each will speak freely and express his or her needs, desires, and opinions without criticism or judgment by the other. Unless otherwise agreed, we (the parties) shall not discuss the divorce issues outside of the settlement meetings. VI. THE CHILD/CHILDREN The parties agree to make every effort to reach amicable solutions about sharing the enjoyment of and responsibility for the child/children that promote the childs/childrens best interests. The parties agree to act quickly to mediate and resolve differences related to the child/children to promote a caring, loving, and involved relationship between the child/children and both parents. The parties acknowledge that inappropriate communications regarding their divorce can be harmful to their child/children. They agree that settlement issues will not be discussed in the presence of their child/children, or that communication with the child/children regarding these issues will occur only if it is appropriate and done by mutual agreement, or with the advice of a child specialist. The parties agree not to make any changes to the residence of the child/children without first obtaining the written agreement of the other party. <<<<<<<<<********>>>>>>>>>>>>> 3VII. CONFIDENT IALITY All communication exchanged within the Collaborative Law Process will be confidential and without prejudice. If subsequent litigation occurs, the parties mutually agree: A. That neither party will introduce as evidence in Court information disclosed during the Collaborative Law Process for the purpose of reaching a settlement, except documents otherwise compellable by law, including the financial affidavit form. B. That neither party will introduce as evidence in Court information disclosed during the Collaborative Law Process concerning either parties behavior or legal position regarding settlement; C. That neither party will ask or subpoena either lawyer or any of the consultants to Court to testify in any court proceedings, or with regard to matters disclosed during the Collaborative Law Process; D. That neither party will require the production at any Court proceedings of any notes, records, or documents in the lawyers possession or in the possession of one of the consultants; and The parties agree that this agreement on confidentiality applies to any subsequent litigation, arbitration, or other process for dispute resolution. VIII. RIGHTS AND OBLIGATION S BEFORE SETTLEMENT Although the parties have agreed to work outside the court system, they agree that: <<<<<<<<<********>>>>>>>>>>>>> 4 ? Neither party will transfer or dispose of any assets unless the parties agree in writing ? Neither party will use any asset as collateral for a loan, unless the parties agree in writing. ? Neither party shall harass the other party. ? All available insurance coverage will be maintained and continued without change in coverage or beneficiary designation. IX. ENFORCEABILITY OF AGREEMENTS If the parties require a temporary agreement during the Collaborative Law pro
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