How does the Collaborative Process ensure that all relevant documentation is provided so that both parties can make good decisions based on complete and verifiable information?

The Collaborative Agreement (and the proposed Collaborative Law Act) requires an attorney to withdraw if her/his client does not provide relevant information or is not participating in good faith. The Collaborative attorney also agrees to withdraw if her/his client alters or withholds documents, deliberately delays matters for economic or other gain, or fails to keep agreements made during the course of negotiations. Any party may also request that the other sign an affidavit under oath confirming that they have fully disclosed all information requested. The final written agreement includes a standard provision confirming that all information has been disclosed and that both parties have relied on those disclosures in entering into the agreement. The agreement may be set aside by a Court in the event of fraud by the other party.

Posted in: General Faq