RSSAgreements in a Collaborative Discussion
Mar 11
Texas custody, division, divorce, law, marital, seperation, Texas No Comments
There are divorce cases where the feeling of separation is mutual and agreed upon. This type of separation is called mutual separation and usually the collaborative law is put into effect. The most important part of the collaborative separation is the Participation Agreement.
The agreement stipulates that the lawyers will do their best to try and resolve the case in a collaborative manner, and refrain from leading the divorce case into a litigation case. If this happens, the lawyers involved are required to disqualify themselves from the divorce case. This was made to insure that the lawyers that are associated with the case will only have the client’s best interest on hand. Bringing the matter to court is the last thing anyone wants right now.
The second one is that neither of the two parties must not take advantage of mistakes the other party might do or have done. This is to insure that unconditional trust is established between both parties on matters that would involve children. Also, under the process of collaboration, short term mistakes that were taken advantage of will lead to long term distrust. It is important for both parties to observe honesty.
Both parties are not to hide anything essential to the discussions. Lawyers and attorneys however, are not required to disclose anything personal or anything that is considered private and protected by law for their client’s best interest. This works in accordance with the second emphasis on trust. Trust within the party, between lawyer and client.
All experts that are part of the discussion are required to be a part of the neutral third party. Experts hired for collaborative cases should be impartial and should be obliged to release results in terms of mental health, financial condition and other aspects in truth. Everyone is expected to work in courtesy and in good faith.
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