What is the participation agreement in a collaborative divorce?

The participation agreement is the key to a collaborative divorce.  Since a collaborative divorce depends on cooperation between the two parties, the first step is for everyone involved (spouses and respective collaborative divorce attorneys) to commit to the process.  Once that commitment is in writing, and signed by both parties, it is called the participation agreement.  

Typically, a collaborative divorce participation agreement will include the following:

• Both parties will do everything in their power to resolve differences and issues without taking them to court;
• Both parties will rely on their collaborative divorce attorneys to help them arrive at a settlement that is satisfactory for everyone;
• Both parties will willingly disclose information, and act with integrity with regards to the other party's interests;
• Should it be necessary to hire an outside expert to verify information, all parties will agree on the neutral experts to be hired;
• If there are children involved, the parties involved will act in the children's best interest at all times;
• Should one of the parties wish to withdraw from the collaborative divorce process, the reasons for doing so, as well as the procedures for withdrawal. 
• Should the collaborative divorce process prove impossible, the collaborative divorce attorneys will withdraw from the case and be replaced by traditional, adversarial-based divorce attorneys.