5. Collaborative Negotiation

Collaborative negotiation takes place in the absence of any threat of litigation. To enter into collaboration, each client signs a “participation agreement” with their lawyer.

A participation agreement is a contract between each Collaborative Family Lawyer and their client. The key elements of the participation agreement are that clients agree:
- not to go to court
- to treat each other with respect
- to focus on the future rather than the past
- to listen to each other’s concerns, issues and perspectives
- to explore all possible choices, and
- if clients cannot reach a negotiated settlement then the two collaborative family lawyers will not represent the clients in future litigation.

Where Collaborative Family Dispute Counsellors are involved, a participation agreement is also entered into between each Collaborative Family Dispute Counsellor and their client.

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